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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
316.

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.

659 days ago
317.

Kate    

So there was an oversight in drafting the contract and no one aborted the baby? Boy, that's big news right there. *EYEROLL*

659 days ago
318.

PJB    

Just wondering if any of the below sounds vaguely familiar to you and or your staff Harvey?

Media bias is the bias of journalists and news producers within the mass media in the selection of events and stories that are reported and how they are covered. The term "media bias" implies a pervasive or widespread bias contravening the standards of journalism, rather than the perspective of an individual journalist or article.

659 days ago
319.

Mikey    

TMZ reports about Mitt Romney's son having a baby but will they report that Mitt gave $4 million to charity last year while Joe Biden gave $5000 to charity after collection 28k from social security and another 20k from the rent of a cottage to the secret service to protect Joe.

659 days ago
320.

niles    

How stupid do you think we are to believe that the Romney's team of lawyers "forgot" to read what they were signing? Just another example of the hypocrisy and lying inherent in Mitt Romney. All of his right-to-lifer followers have been taken in by his fakery.

659 days ago
321.

Lindy    

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."
=========
What is wrong with that?

659 days ago
322.

SuSu    

NONE of YOUR business. Leave these people alone.

659 days ago
323.

Miva    

Found more info about Tagg and his wife Jen, it features tons of pics and a video of Jen http://fandaily.info/?p=33266

659 days ago
324.

dontbelieveObama    

Harvey, you are using TMZ to shamelessly promote your love of Obama. Why don't you stick to stupid celebrity mindless stories????? That is all TMZ is about, not real news. Watch out Harvey, your biases are showing!!!

659 days ago
325.

nikkireps    

i think what this really was, was 2 ppl who agreed to this solely bcuz they wanted to be parents and had to as a stipulation. TMZ i think u guys are making this look way different that it really was.

659 days ago
326.

chicagolady    

War on Women? Yep, except its media like you waging war on private health records, not the Repubs

659 days ago
327.

HOLLY    

Please someone please tell me how this is news, The famous person is Mitt Romney, no the gestational carrier for his son. Get a grip people and stop publisizing non important information.

659 days ago
328.

JD    

This has nothing to do with their beliefs. Just which party will have the legal right to make the decision. TMZ....slow news day? Looks like you're grasping at straws.

659 days ago
329.

KK    

You are disgusting for posting this. It's no ones GD business and how dare anyone leak this type of personal information!!! My best friend just had twin boys three weeks ago through a surrogate and their contract had similar language because guess what, the surrogate has a say so in the matter regardless of the parents' beliefs on abortion or selective reduction, so shame on you TMZ for making this a political issue and pulling Romney's son in the mix. Romney's son's personal life has nothing to do with his campaign. You left-wing liberals make me so sick. Why are you always out to hurt people?? You are the biggest hypocrites out there!!!! I cannot wait to see when Romeny kicks your Dalai Bama's a$$ in the election and watch Obama leave DC with his tail between his legs. Get ready American because it's coming. Your liberal, stupid, biased, fixed polls are so off you should be worried!!!! Obama's mew slogan should be "Yes We Can - Oh No We Didn't!!!"

659 days ago
330.

Norris Stough    

Typical Romney hypocrisy. Do as I say, not as I do.

659 days ago
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