From what I can gather, Madonnas' lawyers explained to Madonna that Malawi didn't have a formal adoption system, let alone one to regulate rich, international celebrities wishing to adopt one of their little ones. In fact, they were making it up as they went along.
There was no scrutiny into Madonnas' application to adopt because it was, largely, informal and was arranged between the orphanage and Madonnas' lawyers - the Malawian government was not involved.
So who is acting as referee?
I am VERY concerned.