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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
91.

Ih8Taxes    

Hey TMZ, I thought you were about entertainment news, not trying to imitate MSNBC. The good people of this country will not be swayed by evil folks like Harvey. ROMNEY 2012!

727 days ago
92.

Nix    

First off let me say that I do not like Mitt Romney AT ALL, but I really don't see what this story has to do with him. Second, if you're a nationally-known expert in surrogacy law and you "forget" to remove a clause in a contract, you kind of SUCK at your job.

727 days ago
93.

tenley    

So it's a clerical error, in a contract that Mitt Romney himself has not signed. Got it.

727 days ago
94.

Saints fan    

Really TMZ?

727 days ago
95.

CC - THE ORIGINAL    

I absolutely hate Willard Flip Flop Romney, but, since when did his offspring become "celebrity" gossip??
I DO understand the irony of aborting a fetus if considered "abnormal", meaning, thru specific blood/amniotic fluid tests, a possibility that the baby could be a Downs Syndrome child or have other handicaps.
That being said, there isn't ANY sort of indication Willards son DID abort any of his children...so, kinda stupid story to put in their "Breaking News" red box.
What's next, Malia failed History class???
Just an aside, think it's amusing that "Willard" was a movie about RATS!!!!

727 days ago
96.

CC    

TMZ is covering more non-entertainment, non-stories. Ad revenue must be declining and they are trying to bring back traffic via sensationalism. Yawn....

727 days ago
97.

Chilton    

Good job broadcasting to the world that this family has trouble conceiving. Infertility is a heartbreaking medical issue. I can't believe the audacity of you and your staff, Harvey. This is sickening.

727 days ago
98.

Chilton    

Also, PREECLAMPSIA is LIFE THREATENING!

727 days ago
99.

Kendra    

Wow, who dug that up? Working with attorney's I know sometimes we use standard forms and more then likely they signed thinking it was the same form as before. Beside, just because the cause was there does not mean that it would be executed so its a non issue. Although I think its pretty invasive dig this up for the purpose of hurting Mitt Romney. I'm not voting for the guy but he does seem to be a decent man and I think its says a lot about him that he helped his son have a family. I seriously doubt if Mitt would have read the contract being that he was not the one signing it. Non issue move on.

727 days ago
100.

She's baaaack    

You couldn't pay me to vote for Romney (DISCLAIMER: This does not mean I am an Obama supporter or will vote for him, so don't even go there with me) but what the hell does this have to do with anything. I think it was damn nice of them to contract with the surrogate that in case she was goign to die she could choose to save her own life. Maybe what he and his own wife would choose to do with her life would be different.

727 days ago
101.

Athina    

Oh for heaven's sake. This is the stupidest thing TMZ has put out there in a long time. I'm sorry I wasted time reading such nonsense.

727 days ago
102.

t    

I am not a Mitt Romney supporter BUT this has nothing to do with him. It's his son and his wife and surrogates private lives. This should definitely be OFF LIMITS!

727 days ago
103.

Saints fan    

Who cares TMZ? Romney's son isn't running for office, and the last time I checked, a persons kids don't have to believe in everything their parents do. Stop misleading people with your BS stories. Patti Davis was always on the opposite side of an issue with her dad Ronald Reagan, always, but that certainly didn't make him any less of a president. This country is in bigger trouble than worrying what Mitt Romney's son did or didn't do. If you're voting for BO based on social issues then you're an idiot Harvey. Gay marriage isn't going to get our country out of the dire financial cir***stances it's in now.

727 days ago
104.

Aaron    

Who Cares....You guys are starting to sound Like Yahoo...

727 days ago
105.

Melissa Pace    

ok, i realize this is a gossip site. But I have standards even for that. I WILL stop looking at TMZ if you manufacture another story like this. Shame on you.

727 days ago
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