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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
76.

Terry    

The following is the Mormon church's "Policies on Moral Issues." The policy does directly discuss when someone "pays for" an abortion. It has been reported that Romney (grandfather) did do.

21.4.1
Abortion

The Lord commanded, “Thou shalt not … kill, nor do anything like unto it” (D&C 59:6). The Church opposes elective abortion for personal or social convenience. Members must not submit to, perform, arrange for, pay for, consent to, or encourage an abortion. The only possible exceptions are when:

1. Pregnancy resulted from forcible rape or incest.
2. A competent physician determines that the life or health of the mother is in serious jeopardy.
3. A competent physician determines that the fetus has severe defects that will not allow the baby to survive beyond birth.
Even these exceptions do not justify abortion automatically. Abortion is a most serious matter and should be considered only after the persons responsible have consulted with their bishops and received divine confirmation through prayer.

Church members who submit to, perform, arrange for, pay for, consent to, or encourage an abortion may be subject to Church discipline.

As far as has been revealed, a person may repent and be forgiven for the sin of abortion.

660 days ago
77.

LB    

Thank you TMZ, I almost forgot to mail in my absentee ballot and now I remembered to need to vote for Mitt.

660 days ago
78.

vixis    

Who cares, what couples do with their own lives is THEIR PROBLEM, they will have to live with the decisions they make..NOT US!!! If someone wants to get an abortion that is THEIR CHOICE!!!

660 days ago
79.

Jennifer    

I guess it is a slow news day at TMZ so you had to dig up something really sleazy.

660 days ago
80.

Turk    

I love seeing stories like this because it tells me Romney is winning and the other side is getting scared......

660 days ago
81.

Karl    

No story here. Tagg Romney is not running for office. He and his wife are free to make whatever decisions in planning their family they want to as long as they are legal and they do appear to be legal.

660 days ago
82.

SBF32    

Wow TMZ, really??? First of all, PREECLAMPSIA IS LIFE THREATENING. Who cares that they sigend it?? I'm sure it's the norm in all surrogate contracts. After reading this I actually like them BETTER now because it shows they not only care about the health of their baby but also the surrogate's health.

Please get back to the business of celebrity gossip.

660 days ago
83.

the artist formerly known as hand turkey    

TMZ doesn't care about abortion either, they don't care if you think they're "libdweebs" or "conservadips" or any other other lame compound word. They care about money, that's why they post this junk. They're pissing you off so you'll post a comment, cha-ching, TMZ is controlling you.

660 days ago
84.

G West    

Gee, I wonder which party TMZ is affiliated with ...

660 days ago
85.

ManiacalZebra    

Wait, Mitt paid some of the expenses? So his own son is a freeloader, just like the 47%?

660 days ago
86.

SBF32    

Wow TMZ, really?? First of all, PREECLAMPSIA IS LIFE THREATENING! And who cares, it's none of our business! I'm sure this clause can be found in most if not all surrogate contracts. I actually like them BETTER now thanks to this article! It shows they care not only about the health of the babies but also the surrogate's health.

Please get back to the business of celebrity gossip.

660 days ago
87.

G West    

Gee, I wonder which party TMZ is affiliated with ... I visit your site for the entertainment value :) and your political agenda ..

660 days ago
88.

Umm ok...    

So the Romney's care about all the lives involved in the challenging world of infertility and were trying to have an extremely thorough surrogate contract in regards to all possible unforeseen cir***stances. Good to hear, I hope they are able to build a beautiful family to love. Meanwhile, 31 year old Sandra Fluke is somewhere in this country trying figuring out how to be as helpless as possible with her own reproduction options. I'm voting for the Romney's!!

660 days ago
89.

ohboy    

Gee, I wonder who TMZ likes for President? I think this will be my last visit to this site.

660 days ago
90.

maria    

So now you back Obama and Kim K all the way....You are a bunch of uneducated morons who couldn't write a piece of rag and now you think you can handle politics. Thought you could not get any dumber!!!!!

660 days ago
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