The European court of human rights ruled yesterday that France could indeed refuse homosexuals the right to adopt children, reports The [UK] Guardian.

The panel of judges ruled four to three that that France had not infringed the European convention on human rights by rejecting an adoption request by Philippe Fretté, a Paris teacher, on the grounds that he was gay.

Gay rights groups had instantly condemned the long-awaited decision as outmoded and unjust.

While Paris social services found that Fretté has "clear personal qualities and aptitude for raising children" which meant that any child "would probably be happy with him", they however said that he was unable to prove that he could offer "a suitable home from an educational, psychological or family perspective".

The 47-year-old who had exhausted all appeals in France, argued that France's decision was based "solely on an unfavourable prejudice", and that French law authorises adoption "by married and single persons aged over 28 years", but makes no mention of their sexual orientation.

The European court has however, noted "child psychiatrists and psychologists are divided about the consequences of a child being raised by one or more homosexual parents" and said that France must be allowed "a certain leeway".

Fretté who was awarded 3,500 euro (approx £2,139) in costs is expected to appeal to the Strasbourg court's upper chamber.