Madonna has been in Malawi in the past days trying to adopt a three-year-old girl Mercy James, but a Malawian court has ruled that Madonna cannot bring any kid to the United States due to residency rules.

Judge Esmie Chondo said on a closed-door hearing Friday, ”I must have to decline to grant the application to Madonna. By removing the very safeguard that is supposed to protect our children, the courts by their pronouncements could actually facilitate trafficking of children by some unscrupulous individuals.”

Madonna was able to adopt David in Malawi a few years back. Apparently, Chifundo (Mercy) James is in the same orphanage that Madonna’s son David was in. Supposedly, only a Malawian resident, or someone who has stayed in Malawi for 18 to 24 months, can adopt a child. But this rule was waived in 2006 when Madonna adopted David and brought him home to London, even before the adoption was finalized. David became Madonna’s legitimate son only in 2008.

In a statement, Madonna said she is “able and willing to securely provide for Chifundo James and make her a permanent and established member of my family”.  When she heard that her adoption request was denied, Madonna said, ”To deny Chifundo James the opportunity to be adopted by me could expose her to hardship and emotional trauma which is otherwise avoidable.”

Madonna’s hopes of adopting the 3-year-old girl has been criticized by the locals, accusing the pop star of using her fame and money to fast-track the adoption process.

With the sad news, you’d expect her ex-husband Guy Richie to be laughing out loud since the former couple did have a rough end to their marriage. But Ritchie has lent some positive support to his ex in light of a Malawian court’s refusal to grant her a second adoption.

In a statement, Richie said, “Madonna is a fantastic and loving mother who cares deeply about her own children and children who may need additional help and support. I fully supported Madonna in her decision to apply for this adoption, and I am saddened that her application has been rejected. She is motivated only by being a caring parent who seeks to share some of the advantages and opportunities that her life has given her. This time it did not work out, but there will be other opportunities, and I wish her well in them. She is a great mum.”

Meanwhile, Madonna is not letting this go without a fight – her legal camp has already appealed today’s ruling.