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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
166.

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.

658 days ago
167.

Lisa    

You should be ashamed of yourselves. This is off limits! I pray the Republicans start retaliating to the liberal media and playing dirty just like the Democrats are doing. this is so so sad.

658 days ago
168.

malmutritioned    

you are crazy... now you are trying to tap into a standard clause.. wow is it so obvious who Harvey has been voting for an will continue.. stop playing policitics Harvey you are supposed to do Entertainment

658 days ago
169.

Ok'd    

Whoop deeding dong. If this is your story, Romney must be the cleanest politician to have ever run.

658 days ago
170.

Kendra    

Wow, who dug that up? Working with attorney's I know sometimes we use standard forms and more then likely they signed thinking it was the same form as before. Beside, just because the cause was there does not mean that it would be executed so its a non issue. Although I think its pretty invasive dig this up for the purpose of hurting Mitt Romney. I'm not voting for the guy but he does seem to be a decent man and I think its says a lot about him that he helped his son have a family. I seriously doubt if Mitt would have read the contract being that he was not the one signing it. Non issue move on.

658 days ago
171.

Selebraties Suck    

Why don't you do a story about idiot celebraturds sitting in front of a desecrated American Flag with stupid words written on their hands?

658 days ago
172.

Sherron    

So what?? Enough with this telling women what to do with their bodies! I notice these Christians want to protest abortion, but once they put their signs down they go home and take NO responsibility for the unwanted children!!

658 days ago
173.

e33    

The FauxTV lovers are just angry that Obama is way in the lead. Keep putting your foot in your mouth Willard!

658 days ago
174.

Selebraties Suck    

Why don;t you do a story on Marie Antoinette Obama's lavish vacations on OUR DIME, while the rest of us are trying to figure out how to pay our bills and fill our gas tanks.

658 days ago
175.

colfrmb    

I am officially done with you slimy, trashy people at TMZ. How dare you go into the bedrooms and doctor's examining rooms and pry into the most personal aspects of people's lives - and try to create an issue that isn't even there. How dare you even attempt to "translate" the intentions of anyone but yourselves based on a your interpretation of a legal do***ent. You are idiots. You should be ashamed of yourselves. I'm done. Let the morons who want to hear about the Lohan family continue to visit your web site. Not me.

658 days ago
176.

Nicki6    

I am saddened by your choice to run a story about this family's fight to have children. Infertility is a devastating path for women and the choice to use a surrogate is typically a last resort after so many horrible disappointments. I hope you decide to remove this "news" and allow this family to keep a shred of privacy. Stick to the entertaining, mind numbing stuff that makes your site a great escape for your readers!

658 days ago
177.

leslie    

FIRST LET ME ASK IF TAgg iS A MINOR???? NO SO HE HAS NO REAL SAY ABOUT WHAT HE DOES WITH THE MONEY.SO WHY IS HE EVEN IN THE DISCUSSION ABOUT THIS MOST PERSONAL TIME FOR HIS SON? AS YOU AT TMZ I SEE MOSTLY MEN SO YOU HAVE NO NEED TO HAVE AN ABORTION AND NO COMPASSION OR IDEA ABORTION.
LET ME ALSO SAY I AM 62 Y/O NURSE AND I BELIEVE WOMEN HAVE THE RIGHT TO THEIR CHOICE, BECAUSE THEY HAVE A RIGHT TO RECEIVE ADEQUATE CLEAN,COMPETANT MEDICAL CARE, I DO NOT BELIEVE ABORTION BEING USED AS BIRTH CONTROL.
IF YOU WANTED CHILDREN AND ARE UNABLE TO HAVE CHILDREN, YOU HAVE NO IDEA WHAT THAT IS LIKE IT IS ONE OF THE MOST DEVASTATING THINGS THAT CAN HAPPEN TO YOU IN MY DAY THERE WHEN NO FERTILITY SPECIALIST WE WERE TOLD TO GO ON A CRUISE. IN MY DAY THERE WERE PEOPLE WHO WOULD COME TO ONE'S HOME AND PERFORM AN ABORTION, OR USE A COAT HANGER TO END A PREGRANCY.
AS ANY PARENT WHO SEES THEIR CHILD SUFFER YOU WOULD DO ANYTHING TO HELP THEM. I CANNOT BELIEVE THE PRIVATE LIVES OF THE SON OF ROMNEY IS ANYONES BUSINESS. I CAN'T BELIEVE THE PRIVACY OF THIS SITUATION IS ON THE SAME PAGE AS PARIS HILTON TALKING ABOUT HER "GAY" ISSUES! OR THAT TMZ WOULD USE THIS INFO AS A BIG STORY YOU R BETTER THAN THIS!

658 days ago
178.

lhcg33    

so TMZ is now on Obama's payroll too I see

658 days ago
179.

lhcg33    

This is personal you liberal Aholes

658 days ago
180.

AmyL    

I made a legally factual comment and it is gone... very interesting.

658 days ago
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