A new mother whose partner died in a car crash is launching a legal battle to put his name on their baby's birth certificate.

Wendy Ezobi, who was pregnant when PC Tok Ezobi died on New Year's Day, has been told the form will have to read "Father Unknown" because they were not married and he will not be there when it is signed.

But Miss Ezobi is determined their daughter India will not grow up with that "cruel uncertainty" hanging over her.

She is prepared to have DNA tests and go to court to have the ruling overturned.

Miss Ezobi will be following in the footsteps of test tube mum Diane Blood, who made headlines last week when she won the right to have her dead partner legally recognised as the father of their children.

PC Ezobi, 26, who had been honoured for catching one of Brighton and Hove's most wanted criminals, was killed while driving home to his family in Hove.

His Peugeot 406 smashed through the central barrier of the A23 at Bolney and landed on its roof just after 3am on January 1.

He had recently transferred from Sussex to the Metropolitan police and had been with his partner and their son Kane, one, and her children Gareth, nine, and Reece, six, before he set off for duty in London.

Miss Ezobi changed her surname from Rudwick by deed poll after his death and gave birth to India two weeks ago. The name had been decided soon after she fell pregnant.

She said the law was adding insult to the injury of her losing "the most gentle, caring and loving man in the world."

A spokeswoman for Brighton and Hove City Council said they were "very sympathetic to Miss Ezobi's most unfortunate situation."

But she added: "The Birth and Deaths Registration Act of 1953 requires that if the natural parents of a child are unmarried, both parents need to be present to register the birth.

"This is a point of law that exists as a protective measure with regard to origins of parentage."

It is seen as a safeguard against a mother registering a man who is not the father.

The spokeswoman said it was unfortunate but no exceptions could be made, although Miss Ezobi could go to civil court with DNA proof to have the rule set aside.

Miss Ezobi anticipated there might be problems soon after her partner died and asked for hairs from his head to be taken. Cells in hair roots can produce DNA profiles.

She intends taking the profile, her own DNA and India's to court for the action, which could cost more than £2,000.

PC Ezobi was not insured and he pulled out of the police pension scheme in October so the couple could save for a bigger home.

Sussex police officers, aware of the family's hardship, held a collection and raised more than £1,700.

Miss Ezobi said she had set aside the money to pay bills but may now have to use the cash to finance the legal action.

She said her case should be an exception: "I can't believe this stupid law. I know men need protecting when they are wrongly named as fathers but there is no doubt Tok was India's dad.

"Tok's family are content and they have said they would not contest anything.

"I am absolutely devastated there are no special circumstances that can be taken into consideration.

"I am determined India will not grow up with 'Father Unknown' on her birth certificate.

"I will not rest until those words are erased and replaced with my beloved Tok's name."