Sir Elton John's plans to adopt a Ukrainian baby were shot down by the country's government today.

The singer's announced on Saturday that he and partner David Furnish, 46, wanted to adopt a 14-month-old boy called Lev after the child “stole his heart” during a visit to an orphanage.

Our song: Sir Elton John says Lev has "stolen his heart"

However Ukraine's family minister official today said Sir Elton can not adopt the HIV-infected boy because the pop star is too old and is not married to a woman.

Yuriy Pavlenko stated that under Ukaianian law adoptive parents must be married and Ukraine does not recognize homosexual unions as marriage even though Sir Elton and Furnish have undergone a civil partnership in Britain.

The minister also said Sir Elton is too old as prospective parents must not be more than 45 years older than an adopted child.

Even if the rules were bent for the Rocket Man singer, he will face a further complication as he would also have to adopt Lev's brother because official guidelines state siblings must be kept together.

Sir Elton's only hope now rests on the country's president, Viktor Yushchenko granting special dispensation however there is no sign that will be forthcoming.

It follows criticism from an international children's charity, that more children may be abandoned in children's homes as a result of another high-profile celebrity adoption.

EveryChild said that 95 per cent of the children in Ukraine's institutions are not orphans and children born to HIV-positive mothers face particular discrimination. They are separated from their mothers and often end up in children's homes and institutions segregated from children not affected by HIV, it said.

Anna Feuchtwang, chief executive of EveryChild, said: “High-profile adoption stories involving celebrities send out the wrong message.”

Speaking at a press conference on Saturday, Sir Elton said Lev had “stolen his heart” and added: “I don't know what the procedure is to adopt a boy from the Ukraine. I don't think that I can because England has a treaty with the Ukraine but David is Canadian so we might be able to work through something like that.”