Tina's biological daughter turned 8 this week, but she has not seen the girl since Dec. 22, 2008, because of a custody fight with her former lesbian partner. The partner is unrelated to the child, but gave birth to her.

"I thought I'd have her back on her birthday," said Tina, a law enforcement officer, whose name was never on the birth certificate and who has been denied parenting rights under Florida state law.

For 11 years, the Brevard County couple forged a committed relationship, living together, sharing their finances and raising a daughter. Tina's egg was fertilized with donor sperm and implanted in her partner's womb.

But when their romance fell apart when the child was 2, the Florida courts had to decide, who is the legal parent, the biological mother or the birth mother who carried the child for nine months in her womb?

A trial court summarily sided with Tina's ex-partner, citing Florida statute. "The judge said, 'It breaks my heart, but this is the law,'" according to the birth mother's lawyer, Robert J. Wheelock of Orlando.

But on Dec. 23, a state appeals court rejected the law as antiquated and recognized both women as legal parents.