The wrong father

[Gettingbysomehow]

This is theoretical because I never received maintenance of any kind from either of my "fathers".
My mother had two boyfriends, didn't know which one was the father. Both decided they didn't want to be dads and left. This was a long time ago.
Mother decided it must be father 2 as she had only had sex with father 1 once.
She was wrong.
I did a DNA test many years later and it was in fact father 1.
If the wrong father paid maintenance for me and then found out he wasn't the dad years later could he legally claim all that money back?
Can I claim any money from my actual father's estate? He died recently apparently.

OP, you might have grown up in poverty, but imagine if Dad2 had provided for you, then you discovered you weren't his.

He could have sued your mum in a civil court for everything he'd put in over the years, and your mum may have been in bother if she didn't reveal there was another possible father.

I love watching the DNA programmes where long lost siblings meet up and are all happy. They're like fairy tales to me, and I always wonder how long it will last! My Dad had been divorced from his first wife for ten years when he married my mum, but his earlier children have always resented his second family.

I'm a bit confused "Both decided they didn't want to be dads and left"....but then you say dad 1 didn't know about you? and your mum told dad 2 he was the dad? so it was just this guy who left - or is your biological dad a third guy?

You would only have a claim against your bio father's estate (assuming he left a will) under the Inheritance (Provision for Family and Deoendants) Act 1975 if you could demonstrate that you had a reasonable expectation that he would provide for you. That entails showing that he provided for you in his lifetime and at the time of his death. It doesn't sound like that is the case. Further, any such claim must be brought within 6 months of the grant of probate. If he died intestate then if you can prove you are his child, part of his estate may pass to you on the statutory trusts.

Where I live any erroneous child support is a debt between the mother and the putative father, the child is not legally liable for repayment. As far as demanding repayment from the mother or claiming from her estate, he could try, but there are instances where a man who is NOT the father has been ordered to continue paying support because there is a 'parent/child' relationship already established. Assuming no parent/child relationship exists, as others have said, there would have to be 'direct' DNA testing done and if a claim is filed the court could order one. The other issue would be 'fault'. If the mother could prove she sincerely believed the man was the father courts often say 'let bygones be bygones' and waive repayment.

As far as inheritance, where I live an unacknowledged illegitimate child has the same rights as a child acknowledged by the parent or born 'in wedlock'. But a child adopted 'away' from the bio parent has no inheritance rights.

Well I'm not too bothered at the end of the day. Thanks for the input from everyone except the eternal mumsnet nit pickers.
I expect I'll just carry on with my life as before. Really I'm rather annoyed with my mother who had two father candidates and just decided to pick a random one. That could have led to a whole load of trouble. I pity no 2. He knew there was a baby and disappeared back off home abroad and has no idea it wasnt his.
and also I missed meeting my actual father before he died.
Even back in those days there were blood tests.
I think I'll give the happy family DNA programmes a miss from now on.

I’m sure that for every happy DNA reunion on tv there are half a dozen that went nowhere. My friend’s mum was adopted as a baby and a few years ago was contacted by a woman who says she’s a half sister, wanted to meet up. Friend’s mum was adamant she didn’t want to meet, didn’t want to know. Nothing against the woman so it’s not personal, she just doesn’t want her history rewritten.
You’ve made a good life for yourself OP out if a tough beginning ( for you and your mum) That you’re both happy now is a testament to your strengths.

He knew there was a baby and disappeared back off home abroad and has no idea it wasnt his.

Can you imagine if he ends up on one of these DNA programmes looking for you...

I think I'll give the happy family DNA programmes a miss from now on.

Don't blame you one bit! I'm adopted and I think those shows are really shit because they build such high hopes of 'happy families ever after' They never show the reunions that end up a disaster and I've known of a few of them with fellow adoptees.

One ended up in a painful and ugly rejection by the birth mother, another with the bio relatives pretty much hounding the (rather well off) adopted child for favours and handouts and turned nasty when she refused, and another with the bio mother expecting a real 'mother/child' relationship saying she was her 'real mother', not her adoptive mum. Yeah, they never show those.

She literally said he doesn't even know about her, how can he owe a daughter he never knew existed?