Outgoing Children's Commissioner Andrew Becroft joins fight to have surrogate child's dead mother recorded on birth certificate

The outgoing Children's Commissioner is joining the fight to get a surrogate child's mother's name recorded on her birth certificate, calling the situation "sad beyond words".

Paige is the only child in New Zealand who has been stripped of her mother's identity on her birth certificate. Instead of her mum's name, it simply says "not recorded".

Judge Andrew Becroft used his last day as Children's Commissioner to bring attention to 18-month-old Paige's situation - which Newshub first brought to light earlier this month. 

"I think it would draw tears from stone. It's sad beyond words," Judge Becroft said when asked about Paige's case. 

Paige's genetic parents are Kyle and Kat Harris. Kat could not have children - so they went through IVF. Their friend was the surrogate mother but Kat tragically died of health problems before the birth.

The 1955 adoption law won't allow Kat’s name on the birth certificate. Becroft says the legislation is out of date and needs a refresh. 

"Legislation that is over 60 years old - it is palpably, demonstrably and unarguably unfit for purpose, out of date."

Over 48,000 Kiwis have signed a petition calling for change. And Paige’s family have tried every official they can.

Judge Becroft says it is even in breach of the United Nations Convention on the Rights of a Child. 

"It is absolutely inarguably in breach of the Convention - Article 8 - New Zealand guarantees to all its children - the right to identity."

New Zealand's adoption laws are currently under review but Paige's family want them fixed now. 

And Becroft says Paige's case deserves a "second look". 

"Today I will ring the relevant Minister and say 'for the sake of Paige can we do something fast'.

"The role of this Office is to be the advocate, to be the watchdog and to push for change and I'd like to think, as my last act, we can do something that might bring about change." 

Final words from a man, to who - every child matters