Madonna 'can't bend adoption rules'

The country's child welfare minister had come out on Thursday in support of the pop superstar's application to adopt three-year-old Chifundo "Mercy" James.

But in a lengthy ruling on Friday, Judge Esme Chombo sided with critics who have said exceptions should not be made for the star who has set up a major development project for the impoverished, Aids-stricken southern African country.

Madonna's lawyer said she will appeal against the judge's surprise ruling.

Judge Chombo said other foreigners had adopted children from Malawi, but the only case in which residency rules had been waived was to allow Madonna to take David Banda out of the country in 2006 before that adoption was finalised in 2008.

"It is necessary that we look beyond the petitioner ... and consider the consequences of opening the doors too wide," the judge said. "By removing the very safeguard that is supposed to protect our children, the courts ... could actually facilitate trafficking of children by some unscrupulous individuals."

The judge made clear she was not questioning Madonna's intentions, and even praised the "noble" work Madonna's charity has done to feed, educate and provide medical care for some of the more than 1 million orphans in the impoverished, Aids-stricken country.

The judge said it was "my prayer" that the girl whom Madonna wants to adopt would benefit from such programmes but said Mercy was now receiving "suitable" care in an orphanage.

Judge Chombo said that contrasted with David's situation in 2006, when an orphanage was preparing to return the boy to his father, who had said he was struggling to care for him.

Madonna's efforts to adopt had drawn criticism from some activists, who said the little girl would be best off with relatives. Other residents credited her with giving the girl opportunities not widely available in the impoverished nation.