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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?"


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You guys are unreal shame on you, you're so bias. Pre-eclampsia by the way could make life worst than death if it damages the mother's brain. Hang in there boys I know you're trying to get invited to one of those Prez Obama parties by posting this stuff.

740 days ago


R u kidding me TMZ? R u just desperate for a story????? Let me clarify something......Preeclampsia can be very life threatening. It can quickly advance to HELLP syndrome and is deadly to the fetus and mother. The only treatment for preeclampsia is delivery.

740 days ago


okay...hi im a democrat, pro choice and voting for obama,,,,,what was the purpose of this attack Romney? This is sort of the clinics contract to be responsible for? You should probably focus more on the attorney that wrote this contract...... If it was romney's legal team, I'd be all yo, thats ****ing wrong....But I dont see why this is brought to our attention? Thats their business, stay out of it, and to bring newborns into it....i dont see any point for this article.

740 days ago


Come ON Harry!

740 days ago


Wow TMZ what a scoop_DNC stands for DIALATion and Curettage or ABORTION _ look it up- D and C_

nice try O_CRATS.

This couple wanted a baby_went through a lot_stark constrast to gals who use abortion as birth control_grow up TMZ_get with the program_we know OBO will win in a landslide this NOV. 7_so don't even bother to vote REPLUBLICANS_just go have a nice lunch on NOV. 7_wed.

So why rub salt in our wounds Harvey ? WHY ?

740 days ago


Leave the kids out of this race. TMZ you're getting as bad asthe Star or Enquirer.

740 days ago

Sheila Shigley    

Only IDIOTS at TMZ would create a story like this because TMZ is full of gay idiots who don't have any education.

740 days ago


If you are a member of the republican party, a tea party member, or a conservative and you think that their is nothing wrong with the agreement you are a bunch of hypocrites. If this were the son/daughter of a democrat it would be all over Fox News. I had preeclampsia with both of my pregnancies and while it can be life threatening, bed rest is usually the recommended treatment not an abortion!

740 days ago


If you are a member of the republican party, a tea party member, or a conservative and you think that their is nothing wrong with the agreement you are a bunch of hypocrites. If this were the son/daughter of a democrat it would be all over Fox News. I had preeclampsia with both of my pregnancies and while it can be life threatening, bed rest is usually the recommended treatment not an abortion!

740 days ago


WHY IS THIS NEWS?!?!? You are trying *way* too hard to dig up stories on Romney....why don't you focus the same amount of effort to find Obama's college records??!
This story is a non-story, it proves NOTHING about their stance on abortion, it's a standard contract and nothing happened. The fact that this is even printed is an embarrassment to TMZ and the pathetic desperation that the media has to find dirt on Romney. I'm not a huge fan of Romney, but even I can see how pathetic the witch hunt after him is getting. DESPERATION.

740 days ago


And if they had not signed it then it would have been an article on how horrible they were for not giving the surrogate the right to terminate for the sake of her health. Really TMZ? That clause is ongoing and in full. They can't jeopardize the health of the surrogate and in order to maintain that health they had to sign the entire clause. They couldn't leave it out because there MUST be a clause (check surrogate law) that shows value to the health of the surrogate and the fetus. You know why don't you guys stick to what you know best and report on how someone in Hollywood is having yet another nervous breakdown and stay out of politics and law. Your making the wrong people celebrities (i.e. the Colorado murders) and trying to get into politics and law where you clearly don't belong! Stick to celebrities.

740 days ago



740 days ago


Good for them!

740 days ago


Wait what? So, you are telling me that preeclampsia is not life threatning? YES it is is. It can cause a stroke and also can cause the fetus or child to die! I had it with my pregnancy's and almost died... get your facts straight! Also birth is the only cure for it, so if she has it she would have to have the child to get better! y'all are idiots!

740 days ago


First of all, his son is not running for president. Secondly, by helping with surrogacy financially does not mean he was privy to all of the details. Surgeracy is generally a last option after having exhausted natural conception, failed at invetro (which is not only an expensive process but also a very physically difficult one for the woman, and emotionally draining as well). Surguracy itself is also a very expensive process with the avarage surgorate making $30,000, note tha doesn't include agency fees, medical fees, etc. The abortion clause is a standard part of a surgorate contract. After being so desperate to have a child that would be a very complex decision and weighed heavily by the coup,e, the surrogate, the agency and the medical team. As someone stated below preeclampsia is a very life threatening condition if not caught in time and treated correctly. You have a lot of people who read this blog, and a lot of them are younger and take what you say to heart. I wish you would fact check a little better on things like this. You can be a politican and stand firm on your views while you are doing your job, but still be able to be a parent and support your children aside from political beliefs. I love your blog but I wish you'd be more responsible.

740 days ago
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