Canadian Surrogate Denied U.S. Entry to Help American Family

A Canadian woman attempting to visit a fertility clinic in California was denied entry into the United States by border officials. On October 12, 2023, Melody, who requested to use only her first name, faced this unexpected turn of events while preparing to assist an American couple in expanding their family through surrogacy.

Arriving at Calgary International Airport, Melody presented her documentation, which included details about her role as a surrogate. She had planned to travel to a clinic where an embryo was stored, with a return flight scheduled for the day after the procedure. Despite her intentions, U.S. customs officers informed her that her actions were “illegal,” a claim she vehemently disputes. Surrogacy is legal in both Canada and California, and Melody emphasized that she was not seeking financial gain from this arrangement, as Canadian law prohibits surrogates from profiting from their services.

The U.S. Customs and Border Protection agency stated that surrogacy, particularly if compensation is involved, could be classified as employment under U.S. immigration law. This classification would necessitate a work visa, which Melody did not possess. In her case, she clarified that her prior surrogacy experience, which resulted in the birth of a child for the same California couple in 2018, involved only reimbursement for expenses incurred during the pregnancy.

Sara Cohen, a fertility lawyer based in Canada, confirmed that surrogates are legally entitled to reimbursement for legitimate expenses, such as travel and medical costs. She remarked, “This surrogate is like an angel who’s going to help a family have a child, a child who is going to be so loved.” The couple Melody has been helping is in a same-sex marriage and has expressed their deep appreciation for her support. One spouse, who asked to be identified as Paul Smith for privacy reasons, described the bond they share with Melody, saying, “We’ve been really lucky to find Melody. We have this deep connection with her personally.”

After her entry was denied, Smith initially thought Melody’s message was a joke. “I’m not very political, but no one is trying to immigrate to the U.S. right now — especially from Canada,” he remarked, but acknowledged the seriousness of the situation. The couple now faces uncertainty as they await the outcome of Melody’s next attempt to cross the border. “I hope she can come down. We’re not going to give up,” Smith said, visibly emotional.

Melody recounted that U.S. customs officers wrongly categorized her as an immigrant without the proper paperwork, despite her providing all necessary travel documentation. “I’m a Canadian citizen; I work at a hospital. I have my own children in Canada. I’m not trying to immigrate; I’m just trying to go down to the U.S. for an appointment and come back home,” she stated. “Trying to have a family isn’t a criminal offence. Being a surrogate isn’t a criminal offence.”

Several legal experts have weighed in on the situation, noting that the political climate in Washington may be influencing border enforcement. Cohen expressed disappointment, saying, “It’s so disappointing that a U.S. governmental institution would interfere with such a relationship.” She added that many clients have successfully crossed the border for fertility treatments without issues, making Melody’s case particularly alarming.

In an effort to assist the couple, Melody has scheduled another flight and plans to attempt to clear U.S. customs again this Sunday. “I hope that what happened was just an error, a mistake, and wasn’t done out of malice, and that this time I will be allowed to enter the United States for my appointment,” she said.

When approached for comment, a spokesperson for U.S. Customs and Border Protection declined to provide details on whether Melody will be permitted to enter the U.S. during her next attempt, leaving her and the couple in a state of uncertainty about their future.