He has a younger partner. It's not just about him, or what he wants.
Does that mean because Elton's older, that David should be deprived of the chance to have a child? If Elton was taken ill and died, David would be there. It's not just age related things that can deprive a child of a parent either. Accidents, car crashes etc can do the same.
BIB People paying a biological mother to give up her child are depriving that child of one of its parents on purpose.