The Human Rights Consultative Committee (HRCC) has ruled the adoption of one-year-old David Banda goes against state laws because Madonna is not a citizen of the African country.
HRCC chairman Justin Dzonzi says, "The laws of Malawi are clear that if one wants to adopt a child, one has to stay with the child for at least 18 months for assessment.
"If Madonna wants to adopt this baby she has to stay here."
The Material Girl and her husband Guy Ritchie returned to the UK over the weekend, after being granted an interim court order approving the adoption.
Banda is still being looked after in the southern African country while passport and visa issues are dealt with.Madonna
could host the family of the Malawian baby she plans to adopt, after relatives voiced concerns over the child's future welfare at the star's multi-million-dollar pad.
Another twist in the singer's adoption debacle has seen the uncle of 13-month-old David Banda expressing fears over his nephew's impending move to the UK, and has called for Madonna to invite the boy's father, Yohame, to see his new home at firsthand.
He says, "What I want to know is that if this child is taken, as we've been told, when will our child be visiting us? When will we visit him? How much contact will there be between him and us?
"We want to find out the benefit of the adoption to this family. We have seen other parents who have had their children adopted still living in poverty. They have not seen their children and all they see is pictures. We don't want that to happen to this family.
"If the child is going with Madonna we want our brother Yohame to go and see where he is staying. If that is not going to happen then as a family we are saying the child should not go.
"People have taken advantage of my brother because in our family I am the only one who can read and write."
Media reports this weekend claim David has been moved to a secret and secure new residence in the southern African country over fears of a kidnapping.
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