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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
46.

Karla    

So now instead of publishing who is in foreclosure and how much they lost on their real estate we are now going to get info on people's surrogacy contracts? When can we expect Nicole Kidman's and Sarah Jessica's Parker's contract?

Please this is no one's business and the fact that you think it is is very telling. I have to say I am one of those Independent voters and I gotta say I find this despicable. On the other side of the coin you and the rest of the media are certainly helping me decide/yeah you are about as much media as the rest of them which I might add is not a compliment. It is as much what you are printing though as what you are not. Thanks for the nudge.

701 days ago
47.

paul a.    

Your backs hurt guys? It must hurt carrying all that water for Obama.

701 days ago
48.

roll3567    

Typical hypocrite republican.

701 days ago
49.

NinjaInTheKnow    

Mitt Romney is such a joke. He even dyed his face brown to get the Latino vote LOL check it out: http://thenewsninja.com/romneydyedface

701 days ago
50.

gutsygirl    

When did TMZ morph into MSNBC.!? Is Harvey feeling a tickle up his leg these days? Looking desperate there, Harv & Co.

701 days ago
51.

DirtySouth    

All that to say the last sentence? Did this happen in the 30 mile zone (TMZ)? Why is this entertainment?

701 days ago
52.

ELMUCHOMACHO!    

YOU GOT 'EM!!!!!

You guys took Romney down, hard!! Awesome!!

TMZ is the best!! Thank you guys for saving the free world!

701 days ago
53.

esq777    

Only a ridiculous elitist like Willard "Mitt" Romney names their son "Tagg." And TMZ, if you can get this do***ent, how about getting the 10 years of tax returns that Willard keeps hiding?

701 days ago
54.

Olivia3100    

Seems to me there are some platforms that crumble when you have real world adapting. In this case no abortions except for.....
Dick Chaney's thing was gays except for his daughter. All the platforms and policies are fine and dandy until it comes to our own children.

701 days ago
55.

Kris    

First of all, why do I care what Mitt's son and his wife do? Oh, because he paid for said son and wife"s surrogate. Nope, don't really care. Second, why is the lawyer talking to TMZ and breaking client/attorney confidentiality.

701 days ago
56.

erkg    

so - who cares?

701 days ago
57.

John    

TMZ you are not Doctors or Pregnancy experts... Things like "monster babies" is not considered life threatening if its not going to kill the mother.

If you take out planned abortions and only focus on medical issues then life threatening makes up about 60% of them but the rest are medical issues with the baby. **** like babys with hearts on the outside or major organ issues... list goes on. I am a insurance expert and I broke into the business dealing with this stuff.

Most twins cost about 300k now and thats if they are ok.. if they born a week too soon it can jump to 750k and thats on top of them being born before a single child anyways..

I remember the second month doing my job and I was given a case where the mother died in birth and the twins all ****ed up and the fathers appendix broke the next day. Just because it was the next day it wasn't covered because she carried the policy and it ended the midnight the day she died.

He was dealing with well over 2mill in claims for all of this and I made it go all away. It took me six months to close the book on it and took a lot of meetings with her employer asking them to cover the bills since they were legally the insurance company under TPA,

I can't even began to tell how many claims there were.. well over 1000 and most labeled baby a baby b since they didn't have names..

You guys can STFU you have no f'ing idea what some parents have to deal with in this dept. Everything has a risk and then there are 10000's of things that can go wrong. Its so bad we are moving from icd9 diagnosis codes (around 17000) to icd10 (around 150000) because we ran out.

701 days ago
58.

tj    

if you believe they "forgot" I have a bridge to sell you!

701 days ago
59.

PENG    

What is sick here, is how excited TMZ is to report this. Really? Isn't this kinda low, even for you? Talk about really digging down deep in the garbage. Obama or Romney.... This just is not newsworthy, let alone anything to do with celebrities. Really gross TMZ. Leave the babies and his sons business out of this.

701 days ago
60.

Cran    

HEY MARIE I'M WITH YOU!! DO CELEBRITIES HAVE THEIR OWN BABIES ANY MORE? HARVEY, LEAVE THE POLITICS FOR PBS WHERE IT IS CLOSER TO TRUTH. TMZ YOU HAVE REALLY TICKED OFF THE GOP FOLKS....THANKS.

701 days ago
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