A Florida court has recognised both the birth mother and the genetic mother as the parents of a child involved in a custody battle between the two women.

One of the women insisted she is the mother because she donated the egg but her estranged partner claimed she was better qualified because she had the fertilised egg implanted into her womb and gave birth to the child.

However, the right of the child to know her father was not considered by the court as he was an anonymous sperm donor who waived any rights before the baby was born.

Many donor-conceived children in later life seek out their biological parents. 

An earlier ruling by a Florida circuit court sided with the birth mother because Florida law gives only the woman who carried a child parental rights and responsibilities

However a state appeals court overturned the decision, saying the egg donor, or genetic mother, should share parental rights.

.The 5th District Court of Appeal said the law had not kept up with changes in reproductive technology and family structure.

“‘This is a unique case and the appellate courts in Florida have never before considered a case quite like it,’ said a ruling by the 5th District Court of Appeal that gave parenting rights to both women.

The couple – both law enforcement officers – had been in an 11-year relationship when they decided to have a baby.

After seeking the help of a reproductive doctor one partner donated an egg that was implanted in her girlfriend’s womb and the baby was born in January 2004.

Only the women who gave birth to the child was included on her birth certificate.

The pair split in 2006 and a year-and-a-half later, the birth mother travelled to Australia with her daughter without telling anybody where she had gone. She was eventually tracked down by the donor mother and returned to Florida.