In the first ruling of its kind in Switzerland, a gay couple have been legally recognised as the parents of a child.

Despite surrogacy being illegal in Switzerland, the couple are now recognised as the legal parents to the child born to a surrogate mother.

The fathers, originally from Saint Gallen, and living in a Swiss registered partnership were recognised as parents, as the surrogate mother and her husband legally abandoned parental responsibilities for the child.

Despite having support of their local registry office, the justice department appealed against the decision, bringing the case to court.

The court ruling from 19 August recognised the two men as fathers, partly acknowledging the concerns of the justice department, requiring the genetic parentage of the child to be added to his birth certificate.

The department could still appeal against last week’s ruling.