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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?"

623 COMMENTS

No Avatar
136.

Mumra the Ever Living    

Sandy, here's the thing. I just Googled and searched "Tagg Romney abortion clause". I got hits for Gossip sites like TMZ, some blogs, but no CNN and except for an oblique referense from a blogger who is a contributor to HP, No Huntington Post either.
Basically what you have here are Celebrity sites regurgitating their own stories.
I suggest you actually do some research before you decide to bemoan the existence of the "LEFT WING MEDIA" All you're doing is showing your narrow mindedness and Right Wing bias. That, and your total lack of desire or capability to do any investigation of your own

661 days ago
137.

robbo    

So what? You better **** can your bias, or I'm outta here TMZ!

661 days ago
138.

jennifer    

When people pass away and the tell us on this site it looks like less of a story than this. Just put the big red box next time sone one dies cause that deserves it more. By the way who decides these stories???

661 days ago
139.

Laura    

I have to say, TMZ, you have become pathetic. You have taken an extremely private family matter and are trying to turn it into some big news story for you. This young man and his wife deserve privacy. I'm so disgusted with this story.

661 days ago
140.

barb    

Yawn. This is so desperate...

661 days ago
141.

Devlin85    

Are you kidding me with this!? you're attacking Romney over his son's surrogate agreement!? This is pathetic and appauliung.. Of course the surrogate has the right to choose! It's her life on the line! and preeclampsia would happen in the end of the 2nd or beginning of the 3rd trimester anyway! When you can't abort a fetis, it would have to be "born", so who wrote this garbage!?

661 days ago
142.

Maverick    

More Oops! from Mitt Romney.

Says one thing for the 47% but for his own family, anything goes.

Mitt Flopper!

661 days ago
143.

jennifer    

This is what you think is a big story. My neighbor and his kids loosing their home is a bigger story. Come on!

661 days ago
144.

Nostraldumass    

Like Mitt and his son had ANY say in it WHAT SO EVER!!!
Its the women's and ONLY the women's choice..Remember?

661 days ago
145.

Best Mom    

I feel so bad for Tagg and Jen -- this story is a total invasion of their privacy. How dare the media, and you, TMZ, put this crap out there. Shame on all of you!

661 days ago
146.

Amber S    

I am NOT a Romney supporter but this is a non story about a non issue. Who cares what his adult son and his wife did and that abortion clause sounds like it may just be a standard clause in surrogate-parent contracts.

661 days ago
147.

jamie    

Riduclous. Shame on you for posting this,

661 days ago
148.

Andrea    

What do any of the decisions the adult son of Romney make a gossip website? This is a new low even for you. Yet you report nothing on Mr. Redistribution and his half brother living in poverty in a hut.... Report on that, won't you?

661 days ago
149.

AmyL    

This is such irresponsible reporting. There are two points that I would like to make. TMZ you are completely editorializing on what decision they would make, or what illnesses they would base this decision on. Of course they are going to have to agree to allow the woman to abort if her life is threatened... how could they ask her to risk her life for them? SECOND. The clause that ONLY THEY can decide if the pregnancy can be aborted because of genetic issues ect... can only be made by them PERIOD. This means that the surrogate cannot find out that there are genetic issues HERSELF and decide to abort. MEANING.. that the Romney's can decide to have the pregnancy come to term and have the children with physical issues which is what I believe they would do and they are seeking protection to have that right to choose that direction. PLEASE TMZ. You are misleading people, and you are doing it on purpose. I have had respect for this site, but you are really misinforming people here. Maybe you should hire someone on your team with some medical and legal background before you go around writing this garbage.

661 days ago
150.

DC SURROGACY ILLEGAL    

SURROGACY in Washington DC, this is ILLEGAL!!!

I am in the same situation, here in DC, Surrogacy of ANY KIND is ILLEGAL!!

Theoretically, if Mitt were to be elected and his son and daughter in law were to have another child, the surrogate could not step foot in DC or she could be arrested...

lets talk about this, because THIS LAW HAS TO BE CHANGED!

661 days ago
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