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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
361.

Jenn    

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.

680 days ago
362.

Interestedinnews    

Stop stirring up S@*! when it is not necessary or accurate. Did Harvey really let this "story" go through?

680 days ago
363.

realoldguy    

I find it incredibly heartwarming the way conservatives care about other people's unwanted fetuses! Abortion is murder -- unless you're rich, of course. Then it's a private matter.

680 days ago
364.

Eli    

Who cares

680 days ago
365.

Eli    

Who cares.

680 days ago
366.

Mark    

@ Ridiculous. Romney funded the possibility of an abortion in this case. Learn contracts.

680 days ago
367.

Mixed Chick    

Hypocrisy is the issue, do as we say not as we do, ok for us to spend tens of thousands of dollars to have children but don't want health care coverage for people that don't have that option, don't want abortion for people facing a similar situation, etc., even though I am not pro abortion that is why this stinks, and that is why the Romneys are hypocrites and Ryan is a liar, so I guess overall not news....we all know this.

680 days ago
368.

mom2tc    

And this is news why? Tagg is not running for public office. Everyone asked about the agreement admits the paragraph should have been omitted. Must be a slow news day.

680 days ago
369.

Check_UR_Self    

Some of you guys are so brain washed it’s not even funny. The point of the report is what’s good for the goose is good for the gander. This man is trying to get in a position where he makes decision for a whole country the least he can do is have his own family abide by those same rules. And when it comes to Mitt, there are no mistakes.

680 days ago
370.

Becky    

This is pretty low non - story TMZ - and you've put out some pretty bad crap...

680 days ago
371.

xoxokelliexoxo    

The reason this is an issue is because M.Romney MADE it an issue. HE chose to voice his beliefs and intentions to stop Planned Parenthood funding assistance for financially struggling woman seeking NOT only 'abortions' but the right to receive BIRTH CONTROL to prevent pregnancy. HE has chosen to voice his plans to implement and fight for "pro-life" leaving all woman without the CHOICE of what THEY want to do with THEIR bodies and THEIR lives; right or wrong, no one has the right to take away a woman's choice for herself cuz last time I checked, all of these "pro-lifer's" are quick to preach and attack woman who make the choice to abort a fetus while they're pregnant but those preachers don't stick around for the next 18+ years supporting the conceived child if an abortion is not carried out...This clause that is claimed to have been "over looked" the SECOND time around was no "accident" I'm sure; he's a damn lawyer! Of course he's going to read the 'fine print'!... bottom line is the Romney's have millions of dollars to spend on all things in life they want and/or need so life is simple for them...then there's the rest of us 'average' middle-class families who struggle from paycheck to paycheck and don't have the luxuries that come with money like high levels of security; infinite funds for private healthcare and all the 'wants' in life that most of us will only be able to dream about... point is, if Romney didn't make an issue out of wanting to take away a woman's personal RIGHT to do what SHE wants with HER body, whether it's birth control or having an abortion for what ever reason she feels is right, then this story wouldn't be a 'big story'; it's a 'big story'' because ROMNEY threw the first punch! And that's the 'black and white' of this whole situation. .... Romney needs to keep his religious belief's and values separate from his campaign cuz it's not fair or right that he's implementing them into his plans for running our country....if it was approved to have the pledge of allegiance changed to remove the word "God" after all these years, then Romney needs to keep his religious belief's and practices between himself and his family and not try to force feed it to the American people! ... One of the many reasons he should NOT be our next president...in my opinion.\

680 days ago
372.

a dem mom    

I'm not a Mitt fan- but as the story of this election goes TMZ check your facts- preeclampsia is a life threatening condition- for mom and baby- i know I had it and was rushed into an emergency c-section. Unfortunately an acquaintance from college was not diagnosed in time and died from it

680 days ago
373.

a dem mom    

I'm not a mitt fan-but TMZ check your facts--a slogan for the election ---on preeclampsia- it is deathly for both mom and baby. I know- i had it and it was caught in time- literally had a emergency c-section within hour of diagnosis. Unfortunately was not caught in time for a college friend - both she and the baby died due to preeclampsia.

Don't agree with any of the other reasons.

680 days ago
374.

gabs    

Romney is running for President, not his kid. For all anyone knows the son is pro-choice, and he's allowed to be. If Mitt pitched in, he probably didn't read the deal because he didn't have to sign it. Non story. There's plenty on Mitt this week, but this isn't some of it.

680 days ago
375.

tricia    

I'm returning to TMZ less and less. Your articles have become cheap and as nonsensical as the National Enquirer's.

Harvey and children, why don't you start listening to your readers and stop running this garbage?? Make yourselves DIFFERENT from the other gossip mags. Americans are saturated with BS every day. Even you guys have to realize, the handwriting's on the wall for TMZ in the coming year or so if you keep doing things the way you're doing them. It's getting mundane and boring....and, as comments to this link show, we're not interested in this garbage.

680 days ago
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