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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
181.

Kevin9528    

Sounds like a typical surrogate/adoption clause from any lawyer.......to take it as more, jsut to get at a canidate is something I personallt thought you all would never stoop too. I am ashamed of you all

730 days ago
182.

ratneck    

kl;knh;ljn

730 days ago
183.

NRE    

What a bummer that TMZ would stoop to getting involved in a personal matter like this. I am not sure how any of this is public information and the last time I checked this guy was not running for office or a celebrity. We love what you guys do on a daily basis...Obama does not need your help to continue screwing up our country.

730 days ago
184.

Lee    

Meh...What he should have signed was enlistment papers to join the military years ago... he and his four other brothers.

730 days ago
185.

RobN    

Pathetic story. How about TMZ tell the truth and just run a We Love Obama banner across the top of the website and be done with pretending to discover actual news.

730 days ago
186.

liz    

Wow since when did TMZ go to medical school? As a midwife I can tell you what you said above is completely false. High blood pressure in pregnancy is potentially life threatening and should be dealt with as deemed appropriate with all parties involved.
In one sentence you say "potential" life in danger and in the next you say "they can abort even if it is not in danger." Wow this is even a new low for you to bring in these babies and surrogate who have nothing to do with politics. And should we not vote for Mitt Romney because of this...if that's how people vote you deserve the disaster you get.

730 days ago
187.

MotherofFive    

Harvey: PLZ don't ruin this site with pseudo-poliitcal news! Most of my friends in DC are tmz addicts to AVOID politics. Keep this place a free zone, ok, whatever your preferences are -- and that's already obvious.

730 days ago
188.

Observer999    

I don't like Mitt Romney at all, but this has NOTHING to do with him. It's gutter politics, Harvey. Way to go.

730 days ago
189.

liz    

Wow since when did TMZ go to medical school? As a midwife I can tell you what you said above is completely false. High blood pressure in pregnancy is potentially life threatening and should be dealt with as deemed appropriate with all parties involved.
In one sentence you say "potential" life in danger and in the next you say "they can abort even if it is not in danger." Wow this is even a new low for you to bring in these babies and surrogate who have nothing to do with politics. And should we not vote for Mitt Romney because of this...if that's how people vote you deserve the disaster you get

730 days ago
190.

Louise    

None of our business... he's not running for office.
It's their choice.

730 days ago
191.

Carriss    

Pre eclampsia isn't life threatening? Really? Well I had it and the doctors sure didn't make me believe otherwise. I also know of a woman who died because of it, so tell me again how that wouldn't be something considered "potential phyiscal harm"

Harvey, really. You've gotta do better than this.

730 days ago
192.

Tiffany    

This is pretty pathetic. Nice attempt TMZ. Stick to your trash celebrity reporting that you do best. I am sure every surrogate contract has some clause with regard to this, so stupid. This is seriously turning into a police state with state run media. Wake up people or you will be living in Orson Wells 1984. No matter which side politically you are on, you should not celebrate what is happening in this country and the media. If you are celebrating Obama and love how every news media is on his side, then how will you feel when tables are turned and the opposing side has run of the media, you will be the first to scream about it.

730 days ago
193.

Tiffany    

This is pretty pathetic. Not attempt TMZ. Stick to your trash celebrity reporting that you do best. I am sure every surrogate contract has some clause with regard to this, so stupid. This is seriously turning into a police state with state run media. Wake up people or you will be living in Orson Wells 1984.

730 days ago
194.

Suzieque    

I'm confused.

Is Mitt's son part of the 47%? or is the surrogate mother part of the 47%?

And who names their kid Mitt?

730 days ago
195.

fabulousme92653    

Like father, like son....this family has double standards....one for themselves, one for the public.

730 days ago
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