Sir Elton John's adoption bid might be refused because he is gay.

The pop legend and his husband David Furnish are desperate to give a home to 14-month-old boy Lev - who they met at an orphanage at the weekend - but could be refused because it is illegal for homosexual couples to adopt in the Ukraine.

The 62-year-old musician and his 46-year-old husband will need to appeal to Ukrainian President Viktor Yushchenko for special dispensation to bring the toddler back to the UK to live with them.

To further complicate their bid, the couple are also deemed too old to look after the young boy because national laws state there must be no more than a 45-year age gap between a child and its adoptive parents.

If the adoption is allowed, Elton and David - who married in a civil ceremony three years ago - would also be required to adopt Lev's brother under Ukrainian rules.

Elton met Lev while performing his song 'Circle of Life' at the orphanage for babies with HIV and children who have parents with the disease in the town of Makeyevka.

On Saturday (12.09.09), Elton revealed he had never considered adopting before Lev had "stolen his heart".

The musician said: "David and I have always talked about adoption. David always wanted to adopt a child and I always said 'no' because I'm 62... But seeing Lev today, I would love to adopt him.

"I don't know how we do that, but he has stolen my heart. And he has stolen David's heart and it would be wonderful if we can have a home.

"I've changed my mind today. He's such a scrumptious thing, bless his heart."