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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

No Avatar
151.

Wolftech    

Man, 0bama must be really desperate if they have taken to planting such non stories on TMZ.

698 days ago
152.

Jeff    

Let's bring down the Romney/Ryan campaign. You know Mormon Mitt, will f-up. I can't wait till the debates when Romney gets all red and sweaty, or because he's pandering to the Hispanic community, with his pathetic spray tan; who's he trying to fool? Give me a break!

698 days ago
153.

Selebraties Suck    

Meanwhile, the middle east is burning, Obama is blaming it on a movie while he goes on Letterman and fluking lies about what is happening, and then has a party with JayZzzz while the rest of us are struggling, and TMZ prints this crap?

Karma, Harvey, is on your doorstep.

698 days ago
154.

Elizabeth    

Enough. I am so sick of your liberal crap. I don't come here to have this crap shoved down my throat. When will you start slinging mud at a president who has done NOTHING to help middle class Americans. Mitt Romney's ADULT SON has NOTHING to do with the election. He's not running for president. PLUS, the article clearly says that it was removed before and was obviously a mistake, so stop trying to make something bigger than it is.

698 days ago
155.

Jeff    

Let's bring down the Romney/Ryan campaign. You know Mormon Mitt, will f-up. I can't wait till the debates when Romney gets all red and sweaty, or because he's pandering to the Hispanic community, with his pathetic spray tan; who's he trying to fool? Give me a break!

698 days ago
156.

Brian    

Nice attempt at creating a controversy where one does not exist TMZ.

698 days ago
157.

Jeff    

Let's bring down the Romney/Ryan campaign. You know Mormon Mitt, will f-up. I can't wait till the debates when Romney gets all red and sweaty, or because he's pandering to the Hispanic community, with his pathetic spray tan; who's he trying to fool? Give me a break!

698 days ago
158.

jeezlouise    

Harvey and his gay mafia are now reporting B.S. about Romney? Harvey, you are a piece of sh*t

698 days ago
159.

jerseyrocks    

Instead of going after Romney's son, why don't you get the college records of Barack Obama.

698 days ago
160.

Deenie    

This is a clause they put in because the doctor will only put in 2 fertilzed eggs into the woman if you do not sign the waiver, hence you have less of a chance of having a pregnancy. If you sign the waiver, the Dr. will put 3 to 4 fertilized eggs into the woman which will help you chances of having a child. This may result in multiples, yes. This is more of a clause to protect the Dr. Remember Octomom. The Dr. may reccommend if you terminate 1 embryo if you have three embryos growing inside and he / she determines you may be at risk.

698 days ago
161.

j sanchez    

how does Mitt Romneys sons personal affairs relate to the election of a future president? I want to hear how the economy will get better. not personal stuff on family members. its called PRIVACY people.

698 days ago
162.

AmyL    

This is such irresponsible reporting. There are two main points to be made her. 1. The clause that the Romneys had to sign off on regarding abortion if the mother's life is as risk is reasonable. Why on earth would the Romney's expect another woman to risk her life for the life of their pregnancy? Naming preclampsia as a reason to abort is just TMZ editorializing on scenarios.. who knows if the woman is going to have any issues with the pregnancy? This is just stating that the woman can abort if her life is at risk. 2. The clause that states that only the Romneys can choose to abort if their is genetic issues ect... YES.... ONLY THEY CAN. This protects them from her choosing to abort the pregnancy if SHE finds out there are genetic issues. Again.. TMZ editorializes and tries to make a case that the Romney's would terminate the pregnancy if there were genetic issues ect. That is not the point of this clause. The point of this clause is to protect the rights of the Romneys. If the babies have down syndrom for instance... the surrrogate cannot decide to abort. TMZ, I use to have respect for this website, but as time goes on, I am realizing that you have complete hacks for writers that are just looking for a story to sensationalize no matter the consequences. I think that if you are going to throw around legal issues and medical issues, you should have staff medical and legal writers.

698 days ago
163.

MC GRUNT    

WOW MS-TMZ and with a bold red border too! So how is life in the rectum of Obama? Is there much room in there with all the other so called mainstream media?

698 days ago
164.

James Sigler    

so what

698 days ago
165.

Anna    

Whoo hoo! The only thing that would make the left happier is if the babies actually were sucked from the surrogates womb. Then they would have something to cheer about.

698 days ago
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