Global justice in the context of transnational surrogacy: an African bioethical perspective

Theoretical Medicine and Bioethics 43 (2-3):75-93 (2022)
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Abstract

The ongoing debate on how best to regulate international commercial surrogacy defies consensus, as the most cogent normative and jurisprudential grounds for and against non-altruistic surrogacy remain controversial. This paper contributes to the debate by focusing on social justice issues arising from transnational, moneymaking surrogacy, with a focus on the Global South. It argues that existing theoretical perspectives on balancing interests, rights, privileges, and resources in the context of cross-border surrogacy—such as cosmopolitanism, communitarianism, liberal feminism, radical feminism, and neorealism—are not sufficient to treat the question of justice underpinning transnational surrogacy in the Global South. An Afro-communal theory of social justice is proposed as an alternative model for addressing the shortcomings in existing global justice theories. Building on Thaddeus Metz’s construction of Afro-communal social theory and a bioethic of communion, this article reveals the fundamental nature of injustices in the Global South surrogacy foray. This approach provides prima facie grounds for making commercial surrogacy more just in the evolving global order.

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Amara Esther Chimakonam
University of Johannesburg (PhD)

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References found in this work

Toward an african moral theory.Thaddeus Metz - 2007 - Journal of Political Philosophy 15 (3):321–341.
Ubuntu as a Moral Theory and Human Rights in South Africa.Thaddeus Metz - 2011 - African Human Rights Law Journal 11 (2):532-559.

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