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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
271.

angel bright    

I'm a democrat voting for Obama and this article is just stupid. Romney may have his faults but this should have nothing to do with him running for office. This is digging for gold when you already have diamonds. give it up.

731 days ago
272.

Yep!    

Really? These guys got to be among the richest people in the world by not reading contracts?

731 days ago
273.

Fancy N    

You pathetic libral asses ! You guys are MORONS. Stick to the trash you are paid to report on.

731 days ago
274.

DG    

Why can't you take the spin that this allowed them the freedom of NOT aborting. What if they got in to a situation and the surrogate wanted to abort the baby and as parents they had no right?! This clause allows them the freedom...why are we all hot and bothered? Can we stop including family members in the political campaign? This is getting petty and ridiculous.

731 days ago
275.

JJ    

I am disappointed in you TMZ, this is a non story. I guess I didn't read you too much during the last election, I had no idea you would become so political. It's a sad day for me.

731 days ago
276.

Amber    

If you are a LDS member (morman), the church approves abortion if the baby or mother is in danger.

731 days ago
277.

Erin Edwards    

Why don't you guys say anything bad about Obama???!!! Because you are all so liberal, it is sick how left wing the media is. Here is an idea, why don't you put out stuff about both canidates then actually let people decide for themselves instead of trying to persuade people to vote for Obama who is the biggest joke of a president I have ever seen. Facts don't lie and according to the facts Obama has done NOTHING but raise unemployment and spend money that we don't have!!!!

731 days ago
278.

Kortney    

This is a trashy story to run. Who cares. Also, like someone stated he is not running for President. There are many other issues that are somehow swept under the rug. There are more newsworthy stories in my opinion. Please don't start being politically biased TMZ

731 days ago
279.

go home!    

Wow, TMZ, how stupid are you with this post? This just cemented my vote for Mitt Romney.

731 days ago
280.

Raymond    

Slick. Lindsay Lohan driving off a cliff couldn't be more popular.


Also refreshing to see ppl here writing whole pamphlets all of a sudden. The urge to provide a lil explaining must be overwhelming.

731 days ago
281.

catherine    

TMZ, WE GOT IT - JUST LIKE THE LAMESTREAM MEDIA YOUR NUMBERS ARE WAY WAY DOWN...................

(SO YOU BEAT ON THE KIDS)

THAT IS WHAT HAPPENS WHEN A LEADER TURNS A CAPITALIST NATION INTO A COMMIE HELL HOLE.....................YEP THE SOLYNDRA AND CORZINE BUNDLERS GET THE CASH.......................THE NASTY TEACHERS' UNIONS (REGISTERED COMMIES LEAD THEM) GET THE CASH...................NOT THE PEOPLE WHO DO THE WORK....................SO YOU BOYS ARE LOSING MONEY--WE CAN'T SPEND WHAT WE DON'T HAVE......................BUSH GAVE US 4% UNEMPLOYMENT AND A 14,093 STOCK MARKET...................THEN THE DEMOCRATS TOOK POWER IN 2006 OVER OUR FINANCES

DON'T BLAME US HARVEY

HOW DO YOU THINK THE 400,000 AMERICANS WHO BARRY FIRES EVERY 7 DAYS UNDER MEDIA DARKNESS (WHILE YOU BOYS ARE BEATING THE KIDS OF ROMNEY) FEEL????

EVERY FREAKING 7 DAYS SINCE BARRY SHOWED UP HE HAS FIRED 400,000 AMERICANS A WEEK..........................AND NOT A WORD FROM OUR LYING MEDIA

HITLER USED THE SAME KIND OF LYING MEDIA TO HIDE DEAD JEWS........................

IF YOU DON'T THINK THOSE AMERICANS NOW LIVING IN THEIR CARS ARE ON THE DEATH PATH, YOU AREN'T PAYING ATTENTION

HARVEY - HAVING NO INCOME IS WHAT WE GET IN OBAMA-NATION

AND YOU ARE NOW HELPING THE FREAK.....................USING THE MEDIA TO BEAT A GOOD MAN THAT CAN SAVE US.........................WE ARE PISSED OUT HERE

BARRY IS GETTING FIRED BUT SO ARE THE BOYS THAT SOLD HIM TO US..................SO ARE YOU GUYS.............

731 days ago
282.

Nicoleasm    

I don't see how this proves anything against Romneys views. Potential physical harm could be life threatening, and the surrogate wanted control over her own life. And it was fair that the Romneys wanted control over the right to abort, not give it to the surrogate, which doesn't prove they would have done that if the baby was handicapped. It sounds as if they were just covering themselves against the surrogate from making any decisions to get rid of the baby, "just because" she didn't want to go thru with it, and the surrogate was covering herself,... Who wants a damaged kidney?? A damaged liver is very life threatening

731 days ago
283.

timid    

When the opposition Obama and the liberal media goes after stuff like this it is a clear indication of desperation and dangerously poor judgement. Just another reason not to re-elect him. Propaganda at its worst, TMZ, but typical of you.

731 days ago
284.

nikki6    

TMZ I love you but this is not journalism, this is down right invasion of privacy. How dare you all put this kind of personal information out to the public. I am sickened right now. And this is coming from a leftie! Absolutely deplorable

731 days ago
285.

Donna    

This is absolutely crazy.. I can't read one thing without it being against the conservatives. At the end of the day this is a personal choice. At the end of the day I want a leader who will stand up and protect our Country. We are so focused on things that are personal that we forget our Country is currently looked at as Weak. Wake up people we are continuously being attacked, Americans lives are being taken and we focus on this. It is just so sad that this is all we have. Why don't you focus on the poor families that lost there Father, Brother or Uncle and pay tribute to our fallen heroes.

731 days ago
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