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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
376.

JoAnna    

I think you guys r making a mtn. out of a mole hill. What if they put that clause in there so they could choose to keep the baby if it was deformed. You r making assumptions & thats not right. I am not voting for his son , but him. Obama has ruined countless American lives by this economy, focus on that. I vote who is best for office, not a follow the leader mentality of voting just because of the party.

574 days ago
377.

TEAinCA    

Liberal media is so desperate that they have to dig this up!!!! The Mormons are honest people. O the MORON is not. Anyone but the MORON!

574 days ago
378.

hans    

the hypocrisy never ends,............

574 days ago
379.

kp    

Really bad taste to run this story. This should be private!

574 days ago
380.

Debbie Eades    

Mitt Romney is not responsible for the choices of his children! Whether he paid makes no difference here. he was supporting his son & daughter in law in something important to them! There are democrats & republicans both in families. I don't like Mitt Romney, but this is just stupid stuff to try to use against him. His son is a man that makes his own choices and Mitt Romney shouldn't be chastised for his sons choices or beliefs!

574 days ago
381.

Mixed Chick    

This is news? The Romneys are hypocrites and Ryan is a liar...next.

574 days ago
382.

Renee    

Unfortunately, there is no "best man for the job in this upcoming election. It's come down to the lesser of two evils. I have less of a problem w/ the so called abortion claus than I do partial birth abortions. However, I do think we should allow abortions during the first trimester. If we ban all abortions we will be sending young women to back alleys and men w/ coathanger.
There are so many other issues in this election; we need a strong HONEST candidate to bring American back to being the great Nation she was.

574 days ago
383.

brandy    

Whoever wrote this article must be very ignorant. You can't live without your kidneys, brain, or liver. Preeclamsia is life-threatening. You guys are really searching! It is ridiculous.

574 days ago
384.

fedup_with celeb opinions    

Good grief...et tu TMZ... why can't you stay the trashy entertainment TV that you are... don't you realize when you navigate into political commentary you offend potentially 1/2 of your viewership... no one cares WHAT your opinion is or WHO you stand for although more and more its becoming clear who's back pocket you are really in.

574 days ago
385.

rthomp    

"it may boil down to an incredibly stupid mistake"...like, who cares. Uh, duh, I found a word in a do***ent for the son of a candidate from years ago who may have the same positions as his father and it is signed. wow, what a link. Seriously? Let's stick to the main issues at hand...eating dogs vs. transporting dogs on cars. lol

574 days ago
386.

Txgrl3    

Agree with Sandie. This should be off limits. See nothing wrong or inconsistent with Romneys political values. Everyone knows Mitt Romney is really a moderate on this issue, which works in his favor. He just had to pay dutiful lip service during the primaries to the religious right nuts that have a chokehold on the GOP.

574 days ago
387.

Babydoll0630    

You SICK twisted ONE SIDED FREAKS..........leave him alone. DIG UP ALL THE REAL DIRT ON OBAMA...........He's in office. HOPEFULLY NOT LONG. I HATE YOU CALI FREAKS.

574 days ago
388.

Scott    

Whether it is hypocrisy or mere stupidity, the Romney's can always be used as a bad example.

574 days ago
389.

bon    

All this mud slinging breeds hatred among people and your contributing to it TMZ .

573 days ago
390.

Raejean    

So much for this guy being an "expert" attorney on surrogacy.

This reflects on Mitt Romney how....???

573 days ago
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