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Mitt Romney's Son

Signed 'Abortion' Clause

In Surrogate Birth Contract

9/21/2012 8:00 AM PDT BY TMZ STAFF
EXCLUSIVE

0920_tagg_romney_article
TMZ has learned Mitt Romney's son Tagg -- who had twins this year through a surrogate -- signed an agreement that gave the surrogate, as well as Tagg and his wife, the right to abort the fetuses in non-life threatening situations ... and Mitt Romney covered some of the expenses connected with the arrangement  ... and it may boil down to an incredibly stupid mistake.

The twin boys -- David Mitt and William Ryder -- were born on May 4, 2012.  We've learned Tagg and his wife Jen, along with the surrogate and her husband, signed a Gestational Carrier Agreement dated July 28, 2011.  Paragraph 13 of the agreement reads as follows:
   
"If in the opinion of the treating physician or her independent obstetrician there is potential physical harm to the surrogate, the decision to abort or not abort is to be made by the surrogate."

Translation:  Tagg and Jen gave the surrogate the right to abort the fetuses even if her life wasn't in danger.  All the surrogate has to show is "potential physical harm," which could be something like preeclampsia -- a type of high blood pressure that could damage the mother's liver, kidney or brain, but is not necessarily life-threatening.

Paragraph 13 goes on:

"In the event the child is determined to be physiologically, genetically or chromosomally abnormal, the decision to abort or not to abort is to be made by the intended parents.  In such a case the surrogate agrees to abort, or not to abort, in accordance with the intended parents' decision."

And there's another relevant provision in Paragraph 13:

"Any decision to abort because of potential harm to the child, or to reduce the number of fetuses, is to be made by the intended parents."

Translation:  Tagg and his wife, Jen, had the right to abort the fetuses if they felt they would not be healthy.

Sources connected with Mitt Romney tell TMZ, Mitt was involved in the surrogate arrangement because he paid some of the expenses connected with the agreement.  We do not know if Mitt Romney read the contract or knew the terms.

Mitt has said, "I'm in favor of abortion being legal in the case of rape and incest and the health and life of the mother."  Otherwise, Romney is against abortion.

Now for the stupid mistake.  We've learned Tagg chose the same surrogate in 2009, who gave birth to a boy.   Attorney Bill Handel -- a nationally-known expert in surrogacy law who put the deal together between Tagg and the surrogate -- tells TMZ when the 2009 contract was drafted there was no Paragraph 13 providing for abortion because Tagg and his wife didn't want it.

Handel says in 2011, when the second contract was being drafted, everyone involved "just forgot" to remove Paragraph 13.  Handel says, "No one noticed.  What can I say?"

622 COMMENTS

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1.

Sandie    

OMG... Stop it!!!... You are as bad as CNN and the rest of the left wing media!.... Looking for anything they can find!...The story clearly says it was a mistake!... And that the first time that clause was removed!... They had delt with this surrogate before!... So they must have trusted her!... Just leave them alone TMZ!!!..

740 days ago
2.

Jac    

Why drag the beliefs of his adult son and wife into the mix? They are not campaigning. Also, Preeclampsia IS life threatening.

740 days ago
3.

News Flash     

He's the lawyer. No one noticed, they just forgot. Another lie.

740 days ago
4.

Bitch please    

I didnt know TMZ is also CNN now??!?!?!?!?!?! Is the Prez paying you too TMZ?

740 days ago
5.

Bitch please    

BTW how is this celebrity news related TMZ?

740 days ago
6.

rhode    

It's bad enough that every time I turn on the tv I have to hear about politics, but on TMZ now?!? By the way can you put a bigger red box around this non-story? It's almost big enough to be seen from outer space.

740 days ago
7.

Christy    

And who's business is this? You're making it sound like she would have aborted over a trivial matter. Obviously they value their children's lives but the selfless surrogate's life as well. If her life were in danger they know they can have more children through a different viable candidate. But it's all moot. Everything turned out fine. Quit your leftist nit picking!

740 days ago
8.

Gloria Unread    

Wow, this will totally decide the outcome of the election!! Way to *********** it, TMZ!

740 days ago
9.

politicaljules    

OMGosh... Whatever will we do? So now we have no other choice but 2vote obama? Because he will save us from the evil that is abortion clauses. Right? Cause obama is all about restricting a woman's right to choose. But didn't obama he made it legal 2kill perfectly healthy babies that were full term at will? No questions asked. But hey we should be outraged at the fine print on a contract. whatever. try again liberal spin. once again you make your pick look worse. bad form.

740 days ago
10.

Marie    

I'm voting for Obama, but I think that this is a NON story.

740 days ago
11.

politicaljules    

This is the audacity of the media. So let us step back and ask what they are telling us. That Romney's son make it impossible to vote for Romney because an abortion claus? Thus every conservative are not living up to their conservatism if we vote for Romney? TMZ would tell us that voting for obama would solve that problem? This is the most ridiculous claim I have ever heard.

740 days ago
12.

jared phillips    


Typical liberal propaganda.

740 days ago
13.

just because    

now everytime i see the big red bos post it reminds me of pippa middletopn, prince harry, kate middleton nude photos

740 days ago
14.

just because    

x

740 days ago
15.

debbiedoesnothing    

Mitt Romney has flipflopped on abortion several times. Some of his most recent statements are that he's opposed to all abortions, including to save the life of the mother. And he appeared on Mike Huckabee's show and said he was in favor of a Personhood amendment, which would make it illegal to use many forms of birth control - and also illegal to use in vitro fertilization and surrogates.

740 days ago
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