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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
331.

lkaye    

TMZ, you are disgusting. Shame on you. Pathetic.

729 days ago
332.

kalice    

Hey when do we get an Obama birth cert. story! So sick of one sided CA Hollwood crap! All these famous people pushing agendas. Hollywood would not understand the true middle class if we came up and bit them in the butt. Hey I am not loving paying 4 for gas! OBAMA WONT DRILL FOR OIL!!!! If we can bring down gas prices all consumer prices will fall as well.

729 days ago
333.

JimmyB    

A mistake my ass.

729 days ago
334.

Jenny    

Wait a minute here, it does not say they were going to abort:

"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."

As a person in the legal profession, that is simply saying the intended parents were to make that decision, not the surrogate. It was just protecting Tagg and his wife from the surrogate deciding to terminate the pregnancy.

729 days ago
335.

Toby    

Below the belt!!! Leave the candidates family alone

No celebrities in this story You are going way off track!

729 days ago
336.

Demi    

Hoard of two faced hypocrits!

729 days ago
337.

JimmydeansausageCo.    

Well who wants a retarded kid if they don't have to?
Get real, dumb name "Tagg" but smart contract!

729 days ago
338.

lisa    

This is NON-STORY and really ridiculous of TMZ to "report" it.

729 days ago
339.

diando    

I think he did the right thing. He was looking out for everyone envolved!!!!

729 days ago
340.

Truth    

Romney is going to WIN. You can't stop him.

729 days ago
341.

Mayu    

Preeclampsia can be very life-threatening for one. Two... most conservatives do not have moral issues with abortions meant to save the mother's life. over 80% (being generous here. It's probably more) are used as after the fact birth control for idiots who can't keep their legs closed or use protection properly. that is what most are morally opposed to. not life saving medical intervention. and 3. this is his son... not Mitt Romney, so who the f-cares? He's not running for office, his father is.

729 days ago
342.

buzz kill    

Who cares? 500

729 days ago
343.

jujea    

Couples who experience infertility have to go through so much pain and heartache to become parents. No one would be a surrogate if they didn't have the option to make a medical decision in her best interest. The Romney family, regardless of anyone's political or religious beliefs, have the right to make decisions that every other couple or individual has the right to make. Having worked in the infertility field for more than 20 years, you have no idea how emotionally, physically -- and, for most -- financially demanding it is to be able to achieve pregnancy. You don't know what decision they would have made if faced with a medical concern. If they overlooked or ignored a mistaken paragraph in a 15-plus page contract among a plethora of other contracts, they certainly wouldn't be the first. More importantly, it's none of my business -- nor yours.

729 days ago
344.

Lizzie    

Good for her.

729 days ago
345.

Mark    

So Mr. Romney funds abortions. This is information the Neocons will approve of I'm sure. Mitt's funny.

729 days ago
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