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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

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?"


No Avatar

What You Really Want To See    

I'm not a Romney fan. Not an Obama fan either. TMZ can't be translating the agreement to their liking. You could easily have translated some as, 'The Romney have the right NOT to abort'... but that doesn't serve your purpose. The most incredibly stupid thing here is TMZ's biased twisting of interpretations. Again, I don't like Romney... so I'm not here to defend him.

725 days ago


I seriously think there is not story here, but a created one.

725 days ago

Diamond Goddess!    

WHYYYYYYYYYYY is this story boxed in RED, Harvey?!
STOP with your Left-Wing /gay agenda. Keep your politics OUT of your work, willya?! NO ONE CARES.
I come here for shiz & gigglez, not this kind of crap!
(It clearly says the clause was a mistake, idiots!)

725 days ago


As we've known all along....Christians are against all sorts of things, until it behooves them in some way. Then it's OK.

725 days ago

Scott Levy    

What is the deal with these wacko conservatives giving their kids such horrible names? Palin had Trigg, and Romney has Tagg. It's ridiculous.

725 days ago


This is a cruel article. Everything should be covered in a situation like this, especially when the life of the mother could be at risk and there is no time to consult the 'new' parents.

725 days ago


Mistake my ass. Who the hell has an attorney that doesn't know how to read contracts?

Who the hell goes to law school and doesn't fully read contracts?

725 days ago

For Sooth?    

You are late to the dance TMZ. Dig all you want, cast all the aspersions and throw as much shade as you want (not unlike Letterman) but people knew who they were voting for months and months ago. So basically this stuff is a throw away.

725 days ago

Ivan in Phoenix    

Harvey, you are a stupid bizzatch for putting this on TMZ. With all the stuff going on in the world, this is the kind of story you put a huge red box around? Really? Any woman willing to be a surrogate is probably the least likely to consider abortion except for a very serious life threatening situation, so give it a break. You are a pathetic little man!

725 days ago


to Slut and White Husband ... you are dead wrong. NO ONE who wins the Nobel Prize keeps the money. Not a single one. They ALL donate it. I don't know who you are trying to fool with your shilling for Obama .. but it won't work with educated people.

725 days ago


SO WHAT? The claus fits Romneys beliefs .. abortion if the health of the mother is at risk. Geeeze ... TMZ is campaigning left wing ... should'a guessed it would happen. THUMBS DOWN to TMZ.

725 days ago


I'm an Obama supporter, but I don't see how this is an issue. It's his son, not him. Maybe Mitts son doesn't share his beliefs. And who really knows what Romneys opinion on abortion truly is. He was pro-choice until he wanted to run for president.

725 days ago


I don't believe this article. Attorney Bill HandeI is mandated confidentially under attorney-client privilege and also mandated by HIPPA to not reveal medical information.

725 days ago


TMZ just jumped over the line. Non celebrity news to smear Mitt Romney's with his grown sons actions. Maybe Taggy is a grown man and does what he wants? SHAME ON YOU !

724 days ago


This is ridiculous, sensational reporting. Mitt helped with expenses, he's not the one who signed the agreement. Regardless of Mitt's beliefs and political stance, he's not responsible for something his son signed. And maybe the paragraph was a mistake. Regardless, no one was aborted, this is a non-event. Why not report on Obama's campaign supporting an image of the flag where the 50 stars are replaced by his campaign logo? Oh, that's right, because that doesn't fit the TMZ Hollywood political agenda. Let's harp on Eastwood and ignore the things Obama and his administration has done. What? That wasn't a pre-planned terrorist act in Libya, don't be silly. It was spontaneous, over a movie.

724 days ago
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