A father-and-daughter couple are battling with Spanish social services to regain the custody of a baby they had as a result of their incestuous relationship, The Telegraph reports.

The couple from Majorca claim they are being victimised due to their unusual relationship - which is not illegal in Spain - and that authorities have removed the baby, born in mid-November, because they have made a moral judgment.

"They tell you that this relationship is not good for the baby. They told us it is immoral and that what we have done is wrong, although on paper they put something else because legally they cannot say they are taking the girl away because it is an immoral relationship", the father of the new-born, identified only as Cris, told the local newspaper Crónica Balear.

Majorcan authorities have said that they refused to allow the couple to take the baby home from the hospital where she was born because of fears for the child's wellbeing.

Sara was 17 when she became pregnant with her father's child and therefore past the age of sexual consent in Spain, which stands at 16. However it is considered a crime when an adult "uses deceit or abuse of a recognised position of trust, authority or influence" to have sex with someone who is not yet 18.

"My ex-wife is jealous and cannot understand the relationship. So she is trying to destroy it," the 36-year-old Cris said, adding that his relationship with his daughter started "like they all do, with flirting, getting along and then trust".

Sara told the Balearic newspaper that social services had told her when she was pregnant that she could either give the baby up for adoption or care for it herself in a centre.

"When I got pregnant, I knew I wanted to keep it," she said. "I have always wanted to be a mother."

Spain and Portugal are unusual in Europe in that incest is not prohibited. When the modern Spanish Constitution was drawn up in 1978, incest was removed as a crime, along with adultery and living in sin. A couple with the same direct blood line are not allowed to marry, however.