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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
31.

Scary    

This is ridiculous, sensational reporting. Mitt helped with expenses, he's not the one who signed the agreement. Regardless of Mitt's beliefs and political stance, he's not responsible for something his son signed. And maybe the paragraph was a mistake. Regardless, no one was aborted, this is a non-event. Why not report on Obama's campaign supporting an image of the flag where the 50 stars are replaced by his campaign logo? Oh, that's right, because that doesn't fit the TMZ Hollywood political agenda. Let's harp on Eastwood and ignore the things Obama and his administration has done. What? That wasn't a pre-planned terrorist act in Libya, don't be silly. It was spontaneous, over a movie.

577 days ago
32.

hehe    

as a liberal, i have to say...

tmz is so lame with the red border around this story like its some amazing, hard-hitting revelation

"omg we got em now!" lol

577 days ago
33.

Jenna    

What this story tells us is that Sh*t Romney is like most republicans when it comes to abortion -- it is wrong for everyone but them -- their mistresses, wives, daughters and their gestational carriers.

577 days ago
34.

diane    

TMZ your agenda is blatantly obvious and disgusting. Too bad u don't cover something worthwhile like the way odumbo lied about the ambassadors death. Unr so disgustingly biased

577 days ago
35.

Ivan in Phoenix    

Well, I guess Harvey would have expected the clause to say the surrogate could not abort the baby without Tagg & his wife's permission EVEN IF her life was in danger. What would you be saying about the contract then, Idiot!

577 days ago
36.

zeke    

**** off tmz you ****suckers take the ****ing cake.
see you later never coming back

577 days ago
37.

freaksloan    

Confirmation that TMZ is just another group of looney libtards.

577 days ago
38.

Cinner    

Who caressssss......ugh

577 days ago
39.

the artist formerly known as hand turkey    

Politicians do not give a **** about abortion, wake up, people. It's a talking point they use to get votes. It's just another tactic they use to make you think they're like you (they're not, you're not in their club, you never will be).

577 days ago
40.

LovelyMamacita    

Do you people at TMZ know nothing about surrogacy? What if he had refused to sign the do***ent and forbidden the women to abort the "fetus" if she was in a life threatening health situation? Would you people be reporting on that in a show of support for him? This is ridiculous. It is wholly appropriate, not to mention normal procedure, to ask the parents-to-be to sign these forms. Why do you guys act like you have some big scoop on stories like this? I'm neither a republican or a democrat so I don't have a foot on either side, I'm an independent who doesn't care for either party. I'm also intelligent enough to research before I make bold statements on issues that I know nothing about. I wish, for you, the same.. some day.

577 days ago
41.

Dee    

Since we held a funeral for my sister 4 days after she gave birth, please do not state that preeclampsia is not life threatening.

577 days ago
42.

harrycontests    

TMZ just reached a new low. I am about ready to stop reading your site altogether. I don't know how you cansleep at night after publishing something like this. Way, way, WAY over the line...

577 days ago
43.

viktor    

Who broke the confidentiality?
.

577 days ago
44.

nicole    

Please submit this to FAUX NEWS, preferrably Shawn Idiot Hannity and let him have fun with it....Oh sorry, he's too busy talking about every move Obama makes.

577 days ago
45.

Kabala    

Who names their child Tagg? Sarah Palin would - never mind.

577 days ago
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