
On October 10, 2006, Madonna filed adoption papers for a Malawian baby boy named David Brent, whom her family renamed David Banda Mwale Ciccone Ritchie, born September 24, 2005, during her trip to an orphanage in Malawi.
After a passport and visa were issued for the child, Banda was flown out of Malawi on October 16. The adoption raised public controversy about whether special treatment was given to Madonna considering the fact that Malawian law normally requires one year of residence for potential adoptive parents.
Madonna appeared on The Oprah Winfrey Show on October 25, 2006, to refute the allegations. During the half-hour interview, the singer claimed that there are no written adoption laws in Malawi that regulate foreign adoption and that she had been planning to adopt for two years. She also claimed that Banda had been in critical condition and was suffering from pneumonia after surviving malaria and tuberculosis when she had found him in the orphanage. In addition, Madonna blamed the media for "doing a great disservice to all the orphans of Africa, period, not just the orphans of Malawi", by discouraging people from adopting children from African nations. She stated, "I wanted to go into a Third World country—I wasn't sure where—and give a life to a child who might not otherwise have had one."
On October 22, 2006, it was reported that Yohane Banda, David Banda's birth father, did not understand what "adoption" meant and that he had not realized that he was giving up his son "for good." He had assumed that this arrangement was more like a fostering agreement. A few days later, after the Winfrey interview, he said, "These so-called human rights activists are harassing me every day, threatening me that I am not aware of what I am doing." He was also reported to say, "They want me to support their court case, a thing I cannot do for I know what I agreed with Madonna and her husband." On November 1, 2006, Madonna responded to Banda's comments on an Dateline NBC interview with Meredith Vieira by saying that Yohane Banda had known what he was doing, having refused to accept her offer to financially support him and the child without adopting the child.
Because of Malawi laws, Madonna and Guy Ritchie remain David Banda's foster parents for the required eighteen-month period. Recent reports have come out that they have passed the inspection trial for adoption and are now planning to adopt a second child, a Malawian girl named Mercy.

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