Court overturns 'outrageous' ruling banning girl's German adoption

The enchanting 4 year old disabled girl had been banned from being adopted by a heterosexual couple in Germany, in case they later died and she's instead cared for by homosexual foster parents. 

This unusual case focused attention on controversial Russian laws - seen as bizarre and shocking by many in the West - forbidding adoption of children by gay and lesbian couples. 

In this case, heterosexual married couple, Soviet-raised Ali Beysenov and Yulia Beysenova, now living in Germany, were turned down as adoptive parents, despite sexologists in two countries affirming they are NOT homosexual. 

A woman judge Oxana Soloviyeva in the Primosky region of the the Russian Far East, said they could not adopt Elya - full name Elvira - in case they should both die, opening the tiniest of possibilities under German law that the girl could be adopted by a non-heterosexual couple, with the Russian authorities having no guarantees that this could not happen. 

The couple appealed this judgement and have now won. Pavel Astakhov, ombudsman for children rights in Russia, supported the family. 

The couple's lawyer Alexandr Golovanov said: 'Elvira will celebrate New Year at home (in Germany) with her family. We are very happy. All our efforts were not in vain.'

He called the original decision 'unprofessional and insulting' to Russian justice. He added: 'Same-sex marriage is banned in Germany, and there are no grounds to think that the heterosexual Beysenovs family who already have three biological children will change their sexual preferences. The court's decision condemns the child on slow death in the orphanage system where children with strong disability have almost no chances for a family.'

Yulia Beysenova claimed that 'because of a distant, theoretical threat to end up in a same sex family, the court neglected interests of the child who is extremely needs a family'.

The family will now fly to Russia to collect Elya who was born with deformed arms. Our original story on the case is here.