LAWYERS for a 14-year old Argentine rape victim say they are appealing against a court decision to deny the girl an abortion.

The girl discovered early last month that she was pregnant after being raped by her mother's partner.

The teen and her mother, who live in the conservative city of Salto, sought an abortion at a local hospital.

But a family court judge denied her petition to terminate her pregnancy, instead ordering her to give birth and surrender the baby for adoption.

Judge Victor Soria ruled that the right to life of the unborn child trumped the rights of the teen.

"There is a judge that is making my daughter have a baby that she does not want. It's horrible," the teen's mother told Argentine media.

Lawyers for the girl, who is nine weeks pregnant, said the judge exceeded his authority in denying the abortion.

Abortion for the most part is illegal in Argentina, but there are exceptions, including in the case of rape, or when the life of the mother is at risk.

The federal Supreme Court last year ruled that rape victims could not be punished for terminating a pregnancy, and no longer would need a court's permission to get an abortion.

The court ruled that a woman's sworn statement at the doctor's office that she had been rendered pregnant following a sexual assault would be sufficient.

But the high court ruling has not always been observed, with some conservative areas, like Salto, about 200 kilometres from Buenos Aires, still requiring that rape victims seek court permission for an abortion, and in some cases refusing to grant it.