Surrogacy has become more readily available and popularised as a way of having children. The advancements of biotechnology and reproductive medicine allows women who are unable to carry their own pregnancies to have children that are genetically related to them foregoing adoption or egg donations, in addition, it allows homosexual couples to expand their families. Surrogacy has increased opportunities across the board to have genetically related families, having children is a vital part in today’s society and bears grave importance to many families and women. Furthermore, the economic system of capitalism is dependent upon a workforce that reproduces itself and without the reproductive and often free labour performed by women, capitalism would not function. To add to the necessity of reproduction is the expectation of motherhood for women. Society encourages socialisation, based on a person’s sex and in general expects women to assume the role of a mother. Delaying child birth, among other environmental factors, results in women having lower fertility in the US and results in women seeking assisted reproductive technologies. Since the 1970s these technologies have become more readily available and commercialised, and thus it seems that today women can have more opportunities to fulfil the societal expectation of becoming a mother. But at what cost? Advances in biotechnology have allowed for the commodification of reproductive labour and the human body, from oocyte and sperm vendors to gestational carriers, the human body is for sale. Fertility as a commodity to be bought is parallel to neoliberalism, which is aptly coined by Alys Eve Weinbaum as biocapitalism. Additionally, surrogacy’s existence as a commodification of the female body depends on the history of reproductive slavery. In vivo reproductive labour is at the nexus of race, gender, and class, hence a legal claim to motherhood within reproductive labour is different across race, gender, and class. This paper discusses how surrogacy is affected by race and class and showcases that surrogacy’s existence depends on the racial stratification of black women’s bodies during slavery, as well as, create a breeder class of women by offering financial compensation by looking at legal cases about surrogacy disputes.