A LESBIAN couple have made Scottish legal history by winning the same parental rights over their children as heterosexuals.

The landmark ruling, which was made in private at Edinburgh Sheriff Court, means the women and their children are considered a family unit by the law.

The women, who cannot be identified, began their relationship two years ago. One, ‘Pam’, has a four-year-old son, ‘David’, from a previous marriage. The second woman, a 30-year-old teacher called ‘Natalie’, has an eight-month-old boy, ‘Cameron’, fathered by an anonymous sperm donor.

Sheriff Noel McPartlin agreed to give both women parental rights over each other’s children. Pam is now legally a parent to Cameron, and Natalie a parent to David.

It also means they have greater parental rights than fathers who are not married to the mothers of their children, although men can apply for similar orders.

And in another twist to the judgment on March 19, David’s father did not contest the application, meaning the boy now has three legally-recognised parents.

The historic decision will now be used in the appeal by a lesbian couple who recently went to court to stop a gay sperm donor who fathered their child winning custody.

In that case, which was heard last month at Glasgow Sheriff Court, Sheriff Laura Duncan gave parental rights to the sperm donor and ruled that the women did not constitute a family group.

The women in the Edinburgh case have now decided to make their victory public and spoke exclusively to Scotland on Sunday.

Natalie said: "To me, family is about cohesion, about bringing people together in a secure, loving, stable environment. When David falls over he runs to one of us. When Cameron sees me, or Pam, or David, his face lights up. That’s family."

Pam, who is the boys’ main carer, denied the couple had intended to strike a blow for lesbian rights. She said: "We are not that interested in other people’s children. We’re interested in ours and we just want them to have the best care possible."

They launched their action after they found Pam could not give permission for Cameron to receive medical treatment.

The couple’s lawyer, Wendy Sheehan, said her clients wanted to ensure that if the relationship foundered, the children would be able to see both mothers who would negotiate over access arrangements. Sheehan said: "The Edinburgh sheriff took a flexible, enlightened approach to the legislation and took account the reality of who is caring for a child, not the biology of its parents."

Tim Hopkins, a gay rights campaigner, said: "We are delighted by this judgment because it offers the children of same sex couples the same stability and legal protection that children of married couples or unmarried couples, where a court order has been made, currently enjoy."

He added: "There are hundreds of families in Scotland parented by gay people and I hope this decision encourages many more to try and win formal parental rights for children they are already parenting."

Fiona Cook, the lawyer for the Glasgow lesbian couple, confirmed that the Edinburgh Sheriff’s decision will be cited in her clients’ appeal.

Peter Kearney, a spokesman for the Scottish Catholic Church, said: "To suggest same sex couples should have the same rights as married couples is a step in the wrong direction . Children brought up by both biological parents, who are married, are the most likely to prosper."