Sir Elton John’s application to adopt a HIV-positive toddler might be refused because he is gay. The music legend and his husband David Furnish want to adopt Lev — a 14-month-old boy they met at an orphanage over the weekend — but could be refused because it is illegal for homosexual couples to adopt in the Ukraine.

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On a visit to Ukraine with his AIDS Foundation, Eltonperformed his hit “Circle of Life” for children at the orphanage, and met the little boy “who stole his heart.”

“[Partner] David [Furnish] and I have always talked about adoption,” the singer told Reuters on Saturday. “David always wanted to adopt a child and I always said ‘no’ because I am 62 and I think because of the traveling I do and the life I have, maybe it wouldn’t be fair for the child,” Elton added.

“Having seen 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.”

Also complicating their bid, is the fact that David, 62, and Elton are considered “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 the adoptive parents.

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