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".
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".
Jordan Lage has played six different roles over the course of the series:
- Episode 6.13 Charm City (1996) - Jury Foreman.
- Episode 7.7 Deadbeat (1996) - Charles.
- Episode 9.6 Scrambled (1998) - Dr. Harvey Purcell.
- Episode 11.18 White Lie (2001) - Buddy Marks.
- Episode 13.1 American Jihad (2002) - Jeff Bodner.
- Episode 18.2 Darkness (2008) - William Tyrell.
- Episode 19.21 Skate or Die (2009) - William Tyrell.
Mr. Chaikin agrees to plead guilty to attempted burglary in the third degree. Burglary in the third degree is sentenced as a non-violent class D felony, it carries a minimum penalty of 1-3 years probation (max probation is 7 years) and a fine of up to $5,000, for repeat felony offenders it carries a minimum sentence of 1-1/2 years in prison and a maximum sentence of seven years. Attempted burglary in the third degree is sentenced as a non-violent class E felony, it carries a minimum penalty of 1-2 years probation (max probation of 4 years) and a fine of up to $3,000, for prior felony offenders it carries a minimum sentence of 1-1/3 years in prison, and a maximum sentence of 4 years.
Briscoe asks the CSU tech how cold the storage containers for the embryos are, the tech replies that they are stored in liquid nitrogen, which is cold enough to freeze and shatter your finger if you stuck it inside. The exact temperature of liquid nitrogen is between -346 °F and -320.44 °F (-210 °C and -196 °C). When nitrogen's temperature rises to or above -320.45°F (its boiling point) it becomes a gas and evaporates, and when nitrogen's temperature drops below -346.1 °F (freezing point) it becomes a solid.
Schiff asks how long the frozen embryos are viable for, Carmichael states that no one knows. There is no maximum shelf life for frozen embryos. Embryos are typically frozen using vitrification, a process that involves flash-freezing them in liquid nitrogen at extremely low temperatures, within a few minutes (at most) of the eggs being fertilized. This process effectively halts biological activity, allowing for long-term storage without degradation. So long as the embryos are kept frozen at minimum temperature of -135 °C (-211 °F), the optimum temperature is -196 °C (-320.44 °F), they are viable indefinitely, in theory a frozen pre-embryo could be successfully implanted well over a century after it was fertilized. There have been cases of live births from embryos frozen for over 20 years, the world record for the oldest viable frozen embryo to result in a live birth is 30.5 years; the record is held by a pair of fraternal twins born in October of 2022, their embryos had been in cryostorage since April of 1992.