MADONNA'S hopes of adopting a Malawian child were in danger of being wrecked today as a legal challenge was mounted against the move by child protection groups in the country.

The Eye Of The Child, a children's rights group, said it was seeking "clarification" from the High Court in Lilongwe, the capital city of Malawi, as to how the singer gained preliminary custody of 13-month-old David Banda.

Boniface Mandere, of Eye Of The Child, claimed the legal process had been too short.

"I don't think that the High Court has any information about how Madonna is when it comes to child-rearing.

Law

"We are concerned that the High Court has taken a short cut and waived the law. We are registering our concern and will seek clarification from the court, after which we will decide what action to take."

A range of aid agencies, child charities and church groups in the impoverished east African country are said to have joined together to try to prevent what they claim are attempts to fast-track the adoption process and sidestep regulations.

According to newspaper reports, the legal challenge could mean that Madonna would have to live in Malawi for 18 months if she is determined to make the little boy part of her family.

Madonna's spokeswoman, Liz Rosenberg, has confirmed the adoption plans, but said David did not leave with Madonna and her husband, Guy Ritchie, on Friday because final legal arrangements were still being made.

Entourage

Malawian officials also said the child's departure had been delayed for procedural reasons, and that he was being cared for in the meantime by members of Madonna's entourage who stayed behind.

Malawi is one of the world's poorest countries, devastated by Aids and periodic drought.

Malawian officials had indicated earlier that adoption regulations would be eased for Madonna and Ritchie, but refused to elaborate.

Madonna's private plane had departed for an undisclosed destination just before 2am local time on Friday.

Madonna and Ritchie have a son, Rocco, five, and the singer also has a daughter, Lourdes, nine.

David's father, Yohame Banda, said he was pleased the celebrity couple wanted his son, whose mother died just after childbirth. He said he met with them at court during the filing procedures.

"They are a lovely couple," he said. "She asked me many questions. She and her husband seem happy with David. I am happy for him. Madonna promised me that as the child grows she will bring him back to visit."

Shelter

Madonna's charity, Raising Malawi, is setting up an orphan care centre to provide food, education and shelter for up to 4,000 children. It will have projects based on Kabbalah, Judaism's mystical sect, which counts the 48-year-old singer among its devotees.

In an open letter to Madonna, Eye Of The Child had questioned whether foreign adoptions were in the best interests of children.

But Mirriam Nyirongo, a retired nurse who runs an orphanage in the northern Malawian town of Mzuzu, said: "We must be frank. We can't afford to look after the thousands of babies that are being orphaned every day.

"If rich people like Madonna take just one child it will be a major boost for Malawi. For people like baby David, when they come to know their roots, might wish to do the same for others."

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