Case: Pueblo v. Haas

2020-6382 | Michigan state trial court

Filed Date: 2020

Clearinghouse coding complete

Case Summary

This case involves parental rights of members of separated same sex couples in the State of Michigan. A same sex couple in a committed relationship decided to have a child together using assisted insemination, with one parent carrying the child. Years later, after their separation, the parent who didn't carry the child sought shared custody and parenting time in Michigan Trial Court (Kalamazoo Circuit Court). Both the trial court and Michigan Court of Appeals held that because Plaintiff was not…

This case involves parental rights of members of separated same sex couples in the State of Michigan.

A same sex couple in a committed relationship decided to have a child together using assisted insemination, with one parent carrying the child. Years later, after their separation, the parent who didn't carry the child sought shared custody and parenting time in Michigan Trial Court (Kalamazoo Circuit Court). Both the trial court and Michigan Court of Appeals held that because Plaintiff was not the child’s biological mother and the parties had never married, she lacked standing.

After Defendant moved for reconsideration, the trial court dismissed the action with prejudice. Plaintiff then filed a motion for reconsideration of her own, arguing that she had standing as a natural parent, despite the lack of genetic connection, following the Michigan Court of Appeals decision in LeFever v. Matthews, 336 Mich App 651 (2021). Plaintiff also asserted that the trial court order violated her Fourteenth Amendment due process and equal protection, as well as those of the child. When the trial court denied reconsideration, Plaintiff appealed. She reasserted her previous arguments and further contended that the equitable-parent doctrine—a doctrine that provides standing to nonbiological fathers and recognizes nonbiological father as natural fathers under certain circumstances—should extend to committed same-sex relationships.

On December 28, 2021, the Michigan Court of Appeals rejected these arguments and affirmed the trial court in an unpublished per curiam opinion. Plaintiff appealed on February 8, 2022.

Multiple organizations filed amicus briefs, including a joint amicus brief by the ACLU of Michigan, Lambda Legal Defense & Education Fund, LGBTQA Law Section of the State Bar of Michigan, Affirmations LGBTQ+ Community Center, GLBTQ Legal Advocates & Defenders (GLAD), and the National Center for LGBTQ Rights.

On July 24, 2023, the Michigan Supreme Court narrowly extended the equitable-parent doctrine to former members of same-sex couples seeking custody of their child who can demonstrate by a preponderance of the evidence that the parties would have married before the child’s conception or birth but for Michigan’s unconstitutional marriage ban. The Michigan Supreme Court reversed the Michigan Court of Appeals’ judgment and remanded the case to the trial court to apply the newly developed threshold test. The Court also overruled Lake v. Putnam, 316 Mich. App. 247 (2016), to the extent that it was inconsistent with the Court’s opinion.

Clearinghouse was unable to source public information about the case on remand. This case is assumed to be closed.

Summary Authors

Madison Krumins (9/6/2026)