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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
106.

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.

677 days ago
107.

Ollie    

Mitt's kid is NOT Mitt. Young people have their own ideas about what's what.

And, why are you spying on a young family who is NOT in the public limelight except maybe indirectly.

And, finally, I thought you lefties got all giddy when someone, anyone was getting an abortion?

677 days ago
108.

david    

great job tmz !!!!!!!!!!!!
nail that mitt romney to wall !!!!
that dumb mormons ship is sinking...time to jump ship romney..and its back to utah for you !!!
golly gee..i love a good mitt romney bashing in the morning !!!!

677 days ago
109.

StarryStarryNight    

harvey's mother should've had an abortion.

677 days ago
110.

Nvts    

Really TMZ??? SO WHAT

677 days ago
111.

Jimmy    

Paragraph 13 should be mandatory.

677 days ago
112.

catherine    

YEAH THAT IS EQUAL TO 40 MILLION ABORTED BABIES IN AMERICA IN THE LAST 40 YEARS...................OFFLMFAO

.HEY LIBTARDS, BASH THESE ROMNEYS ALL YOU WANT,

BUT YOUR TAX DOLLARS UNDER BARRY AND THE IMPEACHED STAIN'S WIFE HILLARY ARE NOW GOING TO THE MUSLIM BROTHERHOOD

IN EGYPT AND LIBYA AND SOON THE ENTIRE MIDDLE EAST

THEY KILL GAYS, THEY KILL WOMEN, THEY KILL JEWS AND CHRISTIANS..................

BARRY YOUR FREAK SET THIS UP!!!!

AND YOU BASH ROMNEY, OFFLMFA

UNDER BARRY - YOUR BOY IS PAYING MUSLIM BROTHERHOOD FANATICS TO SLAUGHTER GAYS ...................SINCE YOU DON'T GIVE A **** ABOUT DEAD WOMEN, CHRISTIANS OR JEWS...........................CARE ABOUT THE GAYS BOYS

BARRY HAS DESTROYED US......................AND TRASH ROMNEY ALL YOU WANT BUT BUT BUT

IT IS 'AN ANYBODY BUT THE PIG IDIOT OBAMA' IN NOVEMBER............................

AND THE CARE YOU HAVE FOR 382,000 AMERICANS THAT WERE FIRED YESTERDAY BY BARRY

(AND HE FIRES AN AVERAGE OF 400,000 AMERICANS EVERY SINGLE WEEK FOR 3.5 YEARS)

...................AND YOU BOYS ARE BASHING THIS STORY ---- HEY BOYS ABORTION IS A BABY BOOMER ISSUE...........CARING WOMEN WILL GET A SHOT FOR A YEAR OF SCREWING WITH NO BABY OR TAKE THAT ABORTION PILL

GET OFF THIS, 35 MILLION ARE UNEMPLOYED - WE DON'T CARE ABOUT ABORTION......................AND KILLING MORE CITIZENS, GOT IT????

.........................WE CAN'T GET YOU S*** OUT OF OFFICE FAST ENOUGH....................

677 days ago
113.

StopWhiningAlready    

ZZZZZZZZZZZZZZ.... what a non-story. BFD!

677 days ago
114.

Liz    

This is seriously reaching. It is a standard clause in surrogate contracts. It doesn't mean they are for abortion or that they would exercise the clause. For the record preeclampsia can be life threatening. Do your research.

677 days ago
115.

Kali    

The reason TMZ has it here, you morons, is that YOU, the readers, may be choosing this man's FATHER to decide your TAXES,BANKING, and MILITARY ACTIONS from 2013 on. Mitt Romney is the man that can send every male and female reader on here, from ages 19 to 25 to WAR anytime he likes as president. Get a clue already. Reading entertianment doesn't exclude you from doing your jobs as voting citizens. This story clearly indicates that Mitt Romney is cool with abortion being perfomed even though his campaign speeches say he isn't. Even as a father and grandfather he is a liar.

677 days ago
116.

Lifes to short    

This makes me sick. There is no reason to bring his son into this mess. Are the D's really that desperate. Oh wait..... That time is a very intense and personal for everyone involved. And you are going to bash a man for helping out his son, to start a family. I would like to know how many people agree politically with their family members. Most don't. Now how many people would help their family member out if they could. Most would.

677 days ago
117.

Jamie    

It's pretty LAME that the only thing one can dig up about Romney's past is about his son and it's something that didn't even happen! He didn't abort, but let's face it, if it were the Obama's they would have ... since they're all for abortion whether it's life threatening or not.

677 days ago
118.

onelove627    

Stop....it's probably in every gestational clause - do some research before you report this - it's probably due to liability issues. you ask someone to carry your babies, they die doing it, their family sues....but you sign this clause and they cant. you're not a political website TMZ....

677 days ago
119.

Level34    

Oh, I'm sorry. I thought I logged on to TMZ, and instead, I got the ABC/MSNBC website, my mistake... :/

677 days ago
120.

Jamie    

It's pretty LAME that the only thing one can dig up about Romney's past is about his son and it's something that didn't even happen! He didn't abort, but let's face it, if it were the Obama's they would have ... since they're all for abortion whether it's life threatening or not.

677 days ago
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