Why Travel Readiness Is Becoming a Critical Surrogacy Risk Check
Quick Answer
A recent cross-border surrogacy dispute reported by The Wall Street Journal highlights a risk that many international programs have historically underestimated:
What happens if the intended parent cannot legally enter the country where the baby is born?
The Florida case involved triplets born through surrogacy for an intended father living in China. According to the report, the father was unable to enter the United States, the babies remained in the care of the gestational carrier and other intermediaries, and the situation eventually developed into a prolonged custody and child-welfare dispute. The competing claims remain contested, and the case has not yet produced a final determination resolving every allegation.
For Colombia surrogacy, the lesson is clear:
A program should not verify only payment, embryos and contracts. It should also confirm—well before delivery—that the intended parent can legally enter Colombia, personally receive the newborn and complete the required medical, civil and consular procedures.
What Happened in the Florida Surrogacy Case?
According to The Wall Street Journal, a Florida gestational carrier gave birth prematurely to triplets in November 2024 for a single intended father living in China.
The father reportedly encountered difficulties leaving China and entering the United States. The gestational carrier continued caring for the babies after delivery, initially while they remained in neonatal intensive care and later for a much longer period.
One child later died. The dispute eventually expanded into litigation involving custody, child welfare, the gestational carrier, the intended father and different representatives acting on his behalf. As of the report, the surviving children had been transferred to representatives of the father, but the broader custody litigation remained unresolved.
This should not be simplified into a claim that one party was entirely at fault.
The case involves sharply disputed factual accounts.
Its broader relevance is operational:
The intended father had legal parentage, but he had still never personally met the surviving children because he could not reach the country where they were born.
That gap between legal parenthood and physical caregiving created enormous risk for everyone involved.
Why Paying for a Surrogacy Program Is Not Enough
Traditional intended-parent screening often focuses on:
- identity verification;
- financial ability;
- criminal-background screening;
- genetic relationship;
- signed contracts;
- and payment of program funds.
Those checks remain important.
But international surrogacy creates another essential question:
Can the intended parent actually travel to the birth country when the baby arrives?
A parent may have:
- sufficient funds;
- valid embryos;
- a signed agreement;
- and a legally recognized relationship with the child;
yet still be unable to assume physical care because of:
- visa refusal;
- an expired passport;
- immigration restrictions;
- criminal travel restrictions;
- inability to leave the home country;
- airline or medical limitations;
- or unexpected political disruption.
A cross-border program is incomplete if it creates a baby but has no realistic plan for the legal parent to receive and care for that baby.
Do Intended Parents Have to Attend the Birth in Colombia?
Colombia does not currently have one comprehensive national surrogacy statute establishing an identical attendance rule for every international case.
It would therefore be inaccurate to claim:
“Colombian law requires every intended parent to be physically present on the day of birth.”
However, physical presence may be practically essential for several stages of an international Colombia surrogacy journey.
Depending on the family structure, nationality and legal plan, the intended parent may need to participate in:
- newborn identification;
- hospital communication;
- DNA sample collection;
- birth-registration procedures;
- recognition of biological paternity;
- consular citizenship applications;
- passport or emergency travel-document applications;
- and discharge and caregiving arrangements.
For this reason, many professionally managed programs should require the intended parent—especially the genetic father in a single-father or male-couple case—to arrive before the expected delivery date.
This is a program risk-management standard, even where it is not framed as one universal national legal rule.
Why DNA Testing May Require the Intended Parent’s Presence
In many international Colombia surrogacy cases, DNA evidence is used to support the biological relationship between the newborn and an intended parent.
This may be important for:
- paternity confirmation;
- Colombian legal proceedings;
- foreign citizenship applications;
- consular review;
- and the child’s travel documentation.
The exact procedure varies by country and by case.
Sometimes samples may be collected through an approved chain-of-custody process without both individuals appearing at the same location. However, intended parents should not assume that remote testing will always be accepted by:
- the Colombian lawyer;
- the DNA laboratory;
- the civil authorities;
- or the intended parent’s embassy or consulate.
The safest approach is to confirm the testing process before pregnancy reaches the third trimester.
Entry to Colombia Cannot Be Assumed
Visa-free status does not guarantee admission.
Colombia’s official visa application system states that even a valid visa only allows a traveler to reach a Colombian port of entry and request admission; final entry remains subject to immigration control.
Some nationalities must obtain a visa before travel. Others may qualify for visa exemptions only under specified conditions. For example, official Colombian guidance states that nationals of certain countries—including the People’s Republic of China—may qualify for conditional visa exemption if they hold qualifying permanent residence or a sufficiently valid visa from the United States or a Schengen country; otherwise, they may need a Colombian visa in advance.
This means a program should not wait until week 36 to discover that the intended parent:
- misunderstood the visa rules;
- has an expiring passport;
- requires an application that may take weeks;
- or cannot satisfy an entry condition.
Travel review should begin before embryo transfer and be repeated during pregnancy.
What Should Be Checked Before the Third Trimester?
A responsible Colombia surrogacy program should complete a formal birth-travel review by approximately the middle of pregnancy.
Passport validity
The intended parent should confirm:
- passport expiration date;
- sufficient blank pages where relevant;
- consistency of names across medical, legal and travel records;
- and whether renewal is needed before birth.
Official Colombian guidance for some visa processes recommends passports remain valid for more than six months from the intended entry date, although the precise rule can depend on the traveler’s visa category and circumstances.
Visa or visa-exemption eligibility
The program should confirm:
- whether the parent requires a Colombian visa;
- whether an exemption applies;
- whether residency in another country changes eligibility;
- and how much processing time should be allowed.
Ability to leave the home country
The intended parent should disclose any known:
- criminal restriction;
- court order;
- unresolved immigration issue;
- passport seizure;
- military-service restriction;
- or other travel limitation.
The agency is not the immigration authority, but it should require the client to confirm that no known barrier exists.
Expected arrival date
Intended parents should not plan to arrive only on the exact due date.
Surrogate pregnancies can deliver early, especially in cases involving:
- prior preterm birth;
- pregnancy complications;
- twins or higher-order multiples;
- placenta problems;
- hypertension;
- or a scheduled Caesarean section.
The travel plan should account for premature delivery.
Who Will Care for the Baby If the Intended Parent Cannot Enter Colombia?
This question must be answered in writing before embryo transfer.
A vague statement such as “the agency will handle it” is not sufficient.
The contingency plan should identify:
- the authorized temporary caregiver;
- the legal basis for that authorization;
- whether the hospital will release the newborn to that person;
- who can consent to routine and emergency medical care;
- who pays for accommodation, childcare and medical supplies;
- where the baby will live;
- how long temporary care may continue;
- and what happens if the intended parent remains unable to enter for several months.
A local coordinator, lawyer or employee should not automatically become a legal caregiver merely because they are involved in the surrogacy program.
Caregiving authority, medical consent and custody are separate issues.
Can a Representative Take the Baby Home Instead?
Intended parents should never assume that a representative can simply collect a newborn and transport the child internationally.
An agent may potentially help with:
- document delivery;
- appointment scheduling;
- hospital communication;
- or other limited administrative matters.
But taking physical custody of a newborn, authorizing medical care and crossing an international border may require:
- formal powers of attorney;
- court authorization;
- parental documentation;
- airline approval;
- passport and immigration documents;
- and acceptance by the destination country.
A private authorization letter may not solve every issue.
The exact contingency plan must be reviewed by Colombian counsel and the intended parent’s home-country lawyer.
Hospital Discharge Is a Major Risk Point
A hospital’s responsibility is not simply to release the child to whoever arrives with an agency badge.
Before discharge, the hospital may need to identify:
- the person legally entitled to receive the newborn;
- who can make medical decisions;
- whether outstanding medical issues remain;
- whether child-protection concerns have been raised;
- and whether the proposed discharge arrangement is safe.
Programs should confirm the expected hospital policy before delivery.
Questions should include:
- Can the intended parent receive the baby directly?
- Which documents must be presented?
- Can a temporary caregiver receive the baby?
- Is a notarized authorization sufficient?
- Is a lawyer or court order required?
- What happens if the newborn remains in neonatal intensive care?
- Who receives medical updates when the intended parent is outside Colombia?
These issues should not be improvised after labor begins.
Who Pays If the Baby Cannot Leave Colombia?
If the intended parent is delayed, costs can increase quickly.
Possible expenses include:
- temporary newborn care;
- accommodation;
- formula and supplies;
- transportation;
- medical appointments;
- private nursing;
- additional legal work;
- document renewals;
- and prolonged hospital or neonatal care.
The contract should state who pays these costs when the delay results from:
- premature birth;
- passport processing;
- visa problems;
- an intended parent’s failure to travel;
- additional DNA testing;
- disputed parentage;
- or unexpected government review.
An “all-inclusive” package should not be assumed to cover indefinite childcare caused by the intended parent’s inability to enter the country.
Why This Matters More in International Surrogacy
In a domestic surrogacy journey, intended parents may be able to reach the hospital within hours.
In an international case, they may be:
- thousands of miles away;
- subject to visa rules;
- dependent on international flights;
- separated by language and time zones;
- and unfamiliar with the local legal system.
This increases the consequences of poor planning.
The Florida case reported by The Wall Street Journal illustrates how quickly a temporary arrangement can become something entirely different when the intended parent remains absent, caregiving continues informally and several intermediaries become involved.
No Colombia program should assume that legal parentage alone will prevent the same type of operational breakdown.
Travel Readiness Should Be a Formal Eligibility Requirement
At Canbaby Surrogacy, we believe birth attendance should not be treated as a casual recommendation buried inside a client handbook.
It should be a documented risk checkpoint.
Before accepting an international intended parent, the program should assess:
- whether the client has a valid passport;
- whether the client is eligible to enter Colombia;
- whether a visa application is required;
- whether the client has any known travel restriction;
- whether the client agrees to arrive before the expected birth;
- who will attend if there are two intended parents;
- who becomes the emergency temporary caregiver;
- and how extended newborn care will be funded if travel fails.
This review should be repeated during pregnancy because passports expire, visa rules change and personal circumstances can deteriorate.
The Canbaby Surrogacy Perspective
At Canbaby Surrogacy, our position is straightforward:
An international intended parent must be prepared not only to create a child, but also to personally receive and care for that child.
For many Colombia surrogacy cases—particularly single-father, male-couple and donor-egg cases—the genetic father’s presence around delivery can be critical to coordinating:
- DNA confirmation;
- hospital communication;
- birth registration;
- citizenship applications;
- passport processing;
- and the newborn’s safe return home.
Canbaby should therefore confirm travel readiness at several stages:
Before signing
The client’s nationality, passport status and general Colombian entry pathway should be reviewed.
Before embryo transfer
The intended parent should acknowledge in writing that personal attendance around birth is expected.
During the second trimester
Passport validity, visa status and expected arrival dates should be reconfirmed.
Before week 32
Flights, accommodation, emergency contacts and contingency caregivers should be documented.
After delivery
The legal, medical and consular teams should coordinate directly with the intended parent rather than relying on an informal chain of intermediaries.
Canbaby does not control Colombian immigration decisions and cannot guarantee admission. But it can require clients to plan early, disclose known risks and maintain a realistic contingency plan.
A safe international surrogacy program does not end when the baby is born.
It ends when the intended parent has legally and physically assumed care, completed the necessary documents and safely returned home with the child.
Frequently Asked Questions
Must the intended father attend a Colombia surrogacy birth?
There is no single national statute requiring every intended father to be physically present at every birth. However, many international cases require or strongly benefit from his presence for DNA testing, hospital coordination, birth registration, citizenship and passport procedures.
Can the intended parent arrive after the baby is born?
Possibly, but this creates additional risk. Babies may require immediate caregiving, medical decisions and documentation. Programs should require arrival before the expected delivery whenever possible.
Can an agency employee take custody of the baby?
Not automatically. Coordination authority is not the same as legal custody or authority to consent to medical treatment. Any temporary-care arrangement should be reviewed and documented by lawyers and accepted by the hospital.
What happens if the intended parent’s Colombian visa is refused?
The program needs a written contingency plan. This may include renewed immigration advice, a legally authorized temporary caregiver and funding for extended care. It may also substantially delay parentage, citizenship and travel procedures.
Is a Colombian visa a guarantee of entry?
No. Colombia’s official visa system states that a visa permits a traveler to request entry at the border; it does not guarantee admission.
When should intended parents arrive in Colombia?
The exact timing depends on the pregnancy and medical advice. For international cases, waiting until the due date is risky because premature or emergency delivery can occur. The travel plan should be confirmed with the obstetric and legal teams during the third trimester.
Can DNA testing be completed if the father is outside Colombia?
Sometimes remote chain-of-custody testing may be possible, but acceptance depends on the laboratory, court, civil-registration strategy and home-country consular requirements. This must be confirmed before birth.
