The parents of Madeleine McCann are suing a newspaper that claimed Portuguese police believed they had killed their daughter with an overdose of sedatives.

Kate and Gerry McCann said today that they been forced to take action for defamation against the Tal & Qual newspaper after recent speculation over their daughter’s disappearance. The couple, both doctors, said that the allegations were “highly damaging to their professional and personal reputations”.

The Portuguese media have made a series of allegations against the couple in recent weeks, despite assurances from the Policia Judiciaria (PJ) that they were not considered suspects.

Much of the speculation has centred around Mr and Mrs McCanns’ decision to leave Madeleine and their 2-year-old twins, Sean and Amelie, at their holiday apartment in Praia da Luz while they dined at a nearby tapas restaurant. There have also been questions about how the twins slept through the abduction of their sister, who disappeared shortly before her fourth birthday.

Tal & Qual, which has a circulation of 27,000, ran a front-page headline on August 24 which stated: “PJ believes that the parents killed Maddie”.

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The story claimed: “Tal & Qual knows the PJ has strong indications that Madeleine is dead. The use of drugs may have been fatal. The forensic tests, which are late in arriving, are expected to confirm this.”

The McCann’s spokeswoman said yesterday said: “Tal & Qual stated that the Portuguese Judicial Police are certain that Madeleine was killed by accident by her parents.

The paper implies that Madeleine 'died victim of an excess of drugs', which may have been sedatives. The title ‘PJ believes that the parents killed Maddie’ is contrary to repeated official comments made by the Portuguese police.

“This statement is without truth or evidence. It is strongly refuted by Kate and Gerry McCann, both of whom are doctors and have never used, nor ever would use, sedatives on any of their three children.

Mr McCann said: “Kate and I have been deeply hurt by the report in Tal & Qual. We firmly believe that the report was speculative, defamatory and published despite official statements to the contrary, which is why we have instructed lawyers. We hope that this action will encourage responsible reporting in the future. The police have said time and time again that we are not suspects."

A seven-page legal claim has been delivered to the court in Oporto, where the newspaper is based. The action is against Emídio Fernando, Tal & Qual’s director, and Catarina Vaz Guerreiro, the journalist who wrote the story.

Tal & Qual has insisted that it stands by the story. Ms Guerreiro said: “I can't reveal my source, but I have complete trust in them. I strongly believe that the person that gave us this information is telling the truth.”

Under Portuguese law people have the right to have their good-name an reputation respected. Dr Vasco Marques Correia, head of media at PLMJ lawyers, Portugal’s largest law firm, said the McCanns could bring their action for defamation in both the criminal and civil courts.

If the publisher and journalist are found guilty of criminal libel they could be jailed for up to two years. They could also be fined up to €120 (£80) and €180,000 (£122,000).

Dr Correia said that, if successful, Mr and Mrs McCann could receive a record damages award. The current record libel payment in Portugal is €500,000 (£338,000)

Mr and Mrs McCann, both 39, from Rothley, Leicestershire, have become increasingly critical of some sections of the Portuguese media in recent weeks.

Mr McCann said the couple were upset by allegations that they or the group of seven British friends who were staying with them at the Ocean Club resort were involved in Madeleine's disappearance.

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