Canadian Surrogate Denied U.S. Entry Ahead of Fertility Appointment

URGENT UPDATE: A Canadian surrogate, identified only as Melody, was denied entry into the United States on October 12, 2023, while attempting to board a flight to a California fertility clinic. The incident has raised alarm among families relying on cross-border surrogacy, as Melody was escorted out of Calgary International Airport by armed border officers.

Melody, who has been working with an American couple to carry their second child, encountered unexpected resistance from U.S. Customs and Border Protection (CBP) officials. Despite presenting all necessary documentation, including her return ticket and surrogacy agreement, she was told that her actions were “illegal,” a claim she strongly disputes. “Trying to have a family isn’t a criminal offence,” she emphasized.

The situation unfolded as Melody arrived at the airport’s U.S. customs preclearance area, prepared for her appointment at a fertility clinic where the embryo is stored. She had previously successfully delivered a child for the same couple in 2018 and had only accepted reimbursement for expenses, as per Canadian law, which prohibits profit from surrogacy.

According to a CBP spokesperson, surrogacy arrangements involving compensation could be classified as employment under U.S. immigration law, necessitating a work visa. Melody, however, insists that her trip was solely for medical purposes, not work. “I’m a Canadian citizen; I have my own children in Canada. I’m not trying to immigrate,” she stated.

The American couple, who are in a same-sex marriage, expressed their distress over the situation. One spouse, referred to as Paul Smith, described their bond with Melody as special, hoping she could successfully help them expand their family. “We’ve been really lucky to find Melody. Our family loves Canada, and Canadians are genuinely good human beings,” he shared.

Fertility lawyer Sara Cohen criticized the U.S. border agents’ actions, calling the situation alarming. “She’s trying to give this couple the most beautiful gift and is being led out of an airport by armed officers,” Cohen lamented. She highlighted that surrogacy is a legitimate and often successful arrangement for many Canadians seeking medical services in the U.S.

Following the distressing incident, Melody has booked another flight and plans to attempt entry into the U.S. again this Sunday. “I hope that what happened was just an error, a mistake, and wasn’t done out of malice,” she said, expressing hope for a positive outcome.

As the situation develops, it underscores the complexities surrounding cross-border surrogacy. Multiple lawyers have noted that increased scrutiny at U.S. borders may be influenced by broader political dynamics. “It’s so disappointing that a governmental institution would interfere with such a relationship,” Cohen stated, advocating for the rights of surrogates and intended parents alike.

With Melody’s next attempt looming, the future of this family remains uncertain, hinging on the decisions of U.S. border agents. As families across North America watch closely, the emotional stakes are high. “I’m not going to give up,” Smith declared, as he and his husband await further developments.

This case reflects significant challenges for surrogates and families seeking assistance across borders, prompting discussions on the legality and ethics of surrogacy arrangements. As Melody prepares for her second attempt, many are left to wonder how U.S. immigration policies will continue to impact family-building efforts.