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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
301.

Rachel    

So TMZ will we be hearing about the Obama tape where it says he was for wealth redistribution? Yeah, I thought so. Liberal media trash.

728 days ago
302.

Oh well    

Why is this even on here?... Geez I come here to get away from that crap..

728 days ago
303.

Trace    

How about you write about our murdered Ambassador and the other three that were murdered with him or write about the White House knowing this was going to happen 3 days before 9-11? That is news and factual news. Maybe write about the Administration lied to the American public about the terrorist acts over there?

728 days ago
304.

kelly    

TMZ-I kinda lost it for y'all after this article. I'm Mormon,but now a fan of Mitt.To say Pre-Eclampsia is not life threatening, and may just cause kidney or brain damage is WRONG and DISGUSTING! I had pre-eclampsia,and a co-worker had it,but hers turned into ECLAMPSIA,and she had to have her baby at 24weeks. Pre-Eclampsia is DANGEROUS AND DEADLY. Maybe you should stick to stalking Amanda Bynes,and leave people's persona lives ALONE! Also, I didn't see anything abnormal or wrong with their contract. Thanks for letting me see a more human side to the Romneys,though we all know that was not your intention.

728 days ago
305.

Luneaction    

Wow now TMZ has nothing better to do than dig up this? Must be the nutjob lib actors are having a slow week of being wackos.

728 days ago
306.

karlew    

I'm no fan of Mitt's but I don't see how this do***ent goes against anything he has said. Now if this involved Gilligan (Ryan) then the story would be devastating.

728 days ago
307.

Lovingit    

Harvey, how about an article on how Obama is kicking Israel in the teeth and to the curb while he kisses Palestinian and Muslim Brotherhoods AZZ.

728 days ago
308.

edolphs    

We get it TMZ, you are for Obama. Time to leave politics out of the gossip. I come here for celebrities not POLITICS!

728 days ago
309.

Nancy    

Mistake??? Hmmm

728 days ago
310.

mommycoconut    

TMZ, give it a break

728 days ago
311.

Rebecca    

Here's a question for you.... If Mitt is being held accountable for his son's actions, shouldn't Obama (in turn) be held accountable for his father's?

728 days ago
312.

hhbrmb    

Completely ridiculous article.

728 days ago
313.

Zach    

WHO CARES!!!! You guys are really reaching...

728 days ago
314.

Zach    

HAHAHA, I heard one of Obamas little girls said a cuss word the other day. IMPEACH!

728 days ago
315.

Watcher    

Not your best work, Harvey. I'm politically neutral. This shouldn't have been a story. Unless Romney put his son in the political spotlight, this is none of our business.

728 days ago
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