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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
286.

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.

677 days ago
287.

eileen    

Shame on you- politicizing a deeply person, soul crushing medical condition of private citizens. If you knew anything at all about Infertility, IVF, Surrogacy- you'd know that the laws and best practices are ever evolving. They may have been able to take the clause out in 2009, but in light of certain news stories, they may not have been able to most recently. The clause was probably part of informed consent and was there to cover the asses of the fertility clinic, doctors, surrogacy agency, and lawyers. They probably had no choice to take the clause out this time. I'm not a fan of Mitt Romney, but this is just disgusting.

677 days ago
288.

eileen    

Shame on you- politicizing a deeply person, soul crushing medical condition of private citizens. If you knew anything at all about Infertility, IVF, Surrogacy- you'd know that the laws and best practices are ever evolving. They may have been able to take the clause out in 2009, but in light of certain news stories, they may not have been able to most recently. The clause was probably part of informed consent and was there to cover the asses of the fertility clinic, doctors, surrogacy agency, and lawyers. They probably had no choice to take the clause out this time. I'm not a fan of Mitt Romney, but this is just disgusting.

677 days ago
289.

rosa    

I come to TMZ for important news..CELEBRITY GOSSIP not political crap. We all know HL political stance but I don't care about Mitt & his son's baby contract. Get back to the important news. If I want politics I will turn on the tv & watch stupid commercials.

677 days ago
290.

And thats the truth    

SO WHAT? Why is this news TMZ? If you are against abortion, then you do NOT think it is ok for an abortion in certain cir***stances only. I have a friend who's sister had EIGHT abortions and she used them as birth control. When she finally got married and had her first child, her body could not hold the baby and she delivered at 6 months. The kid has all kind of health and mental issues. TMZ, you are supposed to be reporting on celebs in Hollywood not being a shill for Obama's campaign.....smh. Seems to me you did a lot of research to find all of this out. Isn't there a celeb somewhere that needs your attention?

677 days ago
291.

Susan    

OMG STICK TO ENTERTAINMENT NEWS!!! NOBODY WANTS TO HEAR YOUR DEMOCRATIC BULL!!!! I'M SO SICK OF IT!!!! TALK ABOUT BIASED NEWS!!!! SHUTUP!!!!

677 days ago
292.

Andrea    

Does TMZ actually read these comments? If so, I have an idea. Since you are clearly broadening your reporting to politics, and you've chosen a topic of "choice". How about you report on the President's stance on partial birth abortion and his agreement of it. You've heard of it, right? Where the abortion doctor induces labor on a full term baby, jams a sharp object in the back of the head of the baby to crush the skull and kill it? Lovely choice, isn't it? I look forward to seeing some fair reporting on both sides. Thank you!

677 days ago
293.

DaveT    

This won't change anyone's votes.
Only people who will react to this are the far-left liberals and far-right conservatives....both groups who already have their minds made up who they'll vote for.
Most of the reaction will come from far-left liberals, who will want to try and turn it into a...."women's issue"....in their typical feminist themed agenda.
Some far-right conservatives will react but not much, because there isn't enough meat to grab onto when lawyers are claiming it was a mistake in neglecting to omit the paragraph.

677 days ago
294.

Seriously    

Do we really want to live in a world where the surrogate is forced to carry a child to term and risk liver, kidney or brain damage? And yes, preeclampsia can be life threatening...the cure is delivery. The surrogate is letting others use her body for nine months, should she also be required to give her life?

And just because they have the option to terminate, it does not indicate that they would. Thanks for printing a form contract and trying to spin it your way TMZ.

677 days ago
295.

Boo Boo's wife    

Stop it TMZ! How dare you bring up Romney's son's personal life that is nobody's business but theirs! Didn't know you were left wingers. Might have to stop reading your stories if you continue to print crap like this.

677 days ago
296.

jc    

This is news why?

677 days ago
297.

Nobrows    

You are really trying too hard to hurt Romney. The last I looked, liver damage is harmful to people. The paragraph about aborting the baby being up to the intended parents is standard to prevent the surrogate from aborting because she had a change of mind or any other reason, like wanting more money or she will abort. You read into things only what you want to see. Get over yourselves.

677 days ago
298.

Yak    

So what? Most people are hypocrites. Religious lawyers are no different, in fact they're quite practiced at it.

677 days ago
299.

saicon    

This was his son's contract so why should Mitt be held accountable? Maybe his son has a different opinion on abortion, who knows? The point is, this wasn't Mitt's contract and even if he created it on behalf of his son, his son is entitled to his own opinion regarding abortion.

677 days ago
300.

LCS27    

"and the HEALTH and life of the mother."

Romney thoughts are exactly the same of the agreement that the couple made. there's NO contradiction.

HOW STUPID TMZ, WHO WORKS FOR THE KARDASHIANS AND LIBERAL MEDIA, IS??

677 days ago
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