"It is expected that the family will be reunited within the next few days," said a spokesman for the couple. Malawian law prohibits adoptions by non-residents, but it was waived for Madonna, who has launched a campaign to alleviate poverty and publicise the plight of orphans in the southern African country, where HIV/Aids has left nearly a million children without parents. Human rights groups had planned to file an application yesterday asking the court to block the adoption.
The removal of the 13-month-old child was legal, but campaigners were angry that wealth and celebrity appeared to have smoothed Madonna's path. Emmie Chanika, director of Malawi's Civil Liberties Committee, said: "The rich shouldn't get preferential treatment. I am fine with the idea of the adoption but I want people to go through the system.
" Justin Dzonzi, a lawyer for the Human Rights Consultative Committee, said the group was still seeking support from the boy's family before challenging the adoption in court. "We are making an application for the court to recognise us as a sufficiently interested party, so that we can file an injunction later in the week," he said. The director of Medic Malawi, a British-based charity that funds the Home for Hope orphanage where the baby was placed by his father after his mother died, was critical of Madonna's actions.
Mac Forsyth, director of the Plymouth based organisation, said if the singer wanted to help African orphans she should sponsor families to look after their children at home. "I think it quite wrong that any country should waive its existing laws for a celebrity of any sort. There are far better ways to support a country and the needs of many children.
This is one child, that leaves 999,999 orphans." Mr Forsyth said the orphanage where David had been living was not Victorian and described it as "happy and uplifting". "The children there live in small groups and each group is looked after by a woman they come to know as their mother.
" David has lived in the Home for Hope orphanage near the Zambian border since his mother died a week after his birth. His father, Yohane Banda, said his in-laws had refused to take him and his extended family was too poor to look after him. For approval by British authorities, Madonna would have to invite social workers to her house in London and her country estate, agree to undergo a criminal record check and acquiesce to regular child welfare visits.
Sources suggested last night that the star, who also has homes in New York, Miami and Los Angeles, has not yet informed British authorities of her detailed plans for the boy. Madonna and Ritchie already have a son, Rocco, six, and the singer has a daughter, Lourdes, 10. The couple arrived in Malawi on October 4, visiting orphanages and meeting charity workers for her campaign.
Her charity, Raising Malawi, is setting up a centre to provide food, schooling and shelter for up to 4,000 children. They left on Friday without the boy, who did not have a passport at the time. Boniface Mandere of Eye of the Child, a local child protection society, said: "The court seems to have made a decision based on Madonna's wealth.
But being a good parent is not about money, it is about caring, having heart, it's about love." Malawi is one of the world's poorest countries, devastated by HIV/Aids and periodic drought. According to the National Aids Commission, the HIV/Aids pandemic has left nearly a million orphans.
Because Aids has killed so many young adults, many children are left in the care of grandparents or older siblings. Its vital statistics make grim reading: life expectancy is 39 years and the infant mortality rate is 112 for every 1,000 births. Philippa Lei, a child rights adviser for World Vision, said: "In a situation such as this when a child has family who are willing but not able due to poverty to look after the child themselves, taking the child out of their community and transporting them to another culture cannot be the best option for anyone involved.
" Charities say it is better to sponsor children in their own countries than to adopt them, helping them retain ties with extended family and.allowing the wider community to benefit.
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