A lesbian couple who shared a home and later had a child together took their battle to court to determine which one was the "mother" of the child has had a state appeals court rule that both are entitled to parental rights, according to news reports.

Jacksonville child custody lawyers note that to have the child, one mother provided a fertilized egg, which was then implanted in the other mother and carried to term. When a circuit judge reviewed the case to determine which one of the women was the legal mother of the child, the judge ruled that the woman who carried the child to term -- not the one whose DNA is shared with the child -- is the mother, according to Florida state law that identifies the woman giving birth as the mother.

But a state appeals court last month overturned the judge's decision, concluding that the other woman has equal parental rights. The appeals court pointed to both U.S. and Florida constitution law. The court also slammed the state laws as being outdated and unable to adequately address every situation.

The case is clearly an unusual one that had not yet been handled in the state of Florida, but it nonetheless underscores the need for modernizing laws to handle these unique cases as they arise. The initial decision made in Florida could have much wider implications in future cases seen around the country.

The ruling takes a step toward protecting both parties who serve as the parents of a child or children while in a same-sex relationship.

Source: L.A. Times "Both lesbian moms have parental rights, Florida court rules" Jan. 3, 2012