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It pleads that the baby must be brought up "knowing his Malawian culture".

It all leaves David the innocent victim of a legal stalemate.

I asked if it meant that I would never see him again.

"They said I would be sent pictures and when David was older he would be able to visit the village.""My family and I agreed that this was a very good opportunity for David to get an education and grow up healthy."There were some minor disagreements about his Malawian culture but we said yes."Yohane had never heard of Madonna, or her raunchy songs.

He said: "I had taken David to the orphanage because my wife had died and he was sick and we could not care for him.

For despite the court issuing an interim custody order, it seems Madonna is yet to start the complicated legal proceedings necessary in Britain to adopt a child.

If she does not complete the procedures, she could face a jail sentence of 12 months.

Meanwhile Yohane, 31, whose wife Marita, 28, died a week after their son was born, was left to reflect on the confusing events of his day in court with Madonna.

Speaking exclusively to The Mail on Sunday, he said: "She was smiling a lot.