A Canadian woman who was planning to travel to California for infertility treatment was denied entry by U.S. border agents.

Melody — who asked not to give her last name — said she was still in shock after two armed officers escorted her through the U.S. border screening area at Calgary airport and forced her to leave.

She has been trying for months to become a surrogate mother to carry a second child for an American couple who are unable to conceive naturally.

How did it all start?
On October 12, Melody entered the U.S. border screening area with all the necessary documents to fly to a fertility clinic in California for the procedure, where the American family’s embryos are being stored.

She had booked a return flight to Canada for the next day and planned to go through the pregnancy and birth in Canada.

However, a U.S. border agent told her that her work was “illegal,” a claim that is not true. Surrogacy is legal in both Canada and California.

Melody says the officer also accused her of entering the U.S. “to receive money.”

While Canadian law prohibits receiving money in exchange for surrogacy, only related expenses are eligible for reimbursement.

U.S. response
A U.S. Customs and Border Protection spokesperson told CTV News that a Canadian surrogate mother “if there is a fee involved” may be considered a worker under U.S. immigration law and would require a work visa such as an H-2B.

Melody insists that she does not earn any income from the surrogacy and only receives expenses, which is in accordance with Canadian law.

Fertility lawyer Sarah Cohen says paying for travel, medication, insurance, and accommodation is perfectly legal and “there is no financial gain involved.”

“This woman is like an angel trying to help start a family,” he says.

American couple: Our family’s future depends on the decision of a border officer

The American couple, who are in a same-sex marriage, had a son with Melody in 2018.

One of the couple, who goes by the pseudonym “Paul Smith,” says they have developed a deep connection with Melody.

“When Melody texted me that she was denied entry, I thought she was joking. Nobody from Canada wants to immigrate to the United States!”

But he insists that the issue has become very serious and stressful for them:

“Our family’s future depends on the decision of a border officer every day.”

Illegal immigration charges; Melody says she was called an “undocumented immigrant” by U.S. border agents, even though she had all the necessary documents.
“I’m a Canadian citizen, I work in a hospital, my kids are here. I didn’t intend to immigrate,” she says. “I just wanted to go and get a medical appointment and come back. Trying to start a family is not a crime. Being a surrogate is not a crime.”

Legal analysis and response
Several lawyers told CTV News that the political climate in the United States has affected the behavior of some border agents these days.
“It’s very disappointing that a U.S. government agency would disrupt such a human and legal relationship,” says Sarah Cohen.

She emphasizes that hundreds of her clients have entered the United States for fertility treatment without any problems, and that this is “alarming and unprecedented.”

Melody's second attempt to enter
Melody has booked a new flight and plans to try again this Sunday to help an American family have a second child.

"I hope what happened was a mistake, not intentional. I hope I get through this time," she said.

A U.S. Customs and Border Protection spokeswoman declined to say whether Melody will be allowed to enter again when asked by CTV News.

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