The episode appears to be based on the 1998 Kass v. Kass case. The case involved the disposition of frozen pre-embryos, it was the first time a New York state court (or any U.S. court) dealt with this issue, it specifically dealt with whether an agreement made as part of a divorce proceeding was valid, binding, and legally enforceable in determining the disposition of the pre-embryos. The court ultimately determined that it was, since it didn't involve the issue of a woman's right to bodily privacy and integrity, and because pre-embryos are not considered persons under New York state law, or federal law.
The case began as a typical divorce case in the New York Supreme Court. Maureen Kass and Steven Kass were married and, in an effort to have children, attempted in-vitro fertilization (IVF) procedures. The couple tried IVF unsuccessfully for five years, after deciding to cease implantation attempts, they were left with five frozen pre-embryos (fertilized embryos frozen before cellular division begins). The couple signed an agreement with the medical clinic that if they could not agree to the disposition of the pre-embryos, the pre-embryos would be donated to the IVF program for research after five years. Three weeks later, in anticipation of a divorce, the Kasses signed an additional agreement stating that the pre-embryos would be disposed of as described in the consent agreement and that neither of them would seek custody of the pre-embryos. Three weeks after that, Mrs. Kass filed for divorce, and also filed for sole custody of the pre-embryos for the purpose of implantation. Mr. Kass filed a motion challenging her custody request, and asked the court to enforce the two legal contracts they had previously agreed to, and signed. Considering the complex, and unprecedented issued this case dealt with, the divorce court judge remanded the case to the state's intermediate appellate court: the New York Supreme Court Appellate Division, Second Judicial Department. The Appellate Division's judges found that the contract the couple had signed was legally valid, and ordered its enforcement. Mrs. Kass filed an appeal of the ruling to the New York Court of Appeals for the Second Appellate Division (the highest court in the state), in the appeal she challenged the legality of the contract, arguing that it was unconstitutional since it dealt with what she considered to be "living persons". The Judges of the Court denied Mrs. Kass' motion, in a unanimous 7-0 decision they upheld the Supreme Court Appellate Division's ruling that the contract she signed was legally binding and enforceable. Chief Judge Judith Kaye wrote the court's opinion: "An agreement between the two biological donors regarding disposition of their pre-embryo is presumed valid and binding and should be enforced in the case of a dispute. Courts should balance the competing interests of the two parties unless there is a written agreement between the parties. When such an agreement exists, it should be presumed valid and implemented. A case regarding the disposition of pre-embryos does not involve a woman's right to privacy or bodily integrity and pre-embryos are not "persons" for constitutional [or legal] purposes. Therefore, the case is resolved by determining who has dispositional authority over the pre-embryos. The agreement signed by Plaintiff and Defendant answers that question. Therefore the Court orders the pre-embryos be donated to the appropriate research center, as stipulated in the contract".
