Although the concept of quickening was not developed initially by the Roman Catholic Church, much of their histories are intertwined. Quickening, the point at which a pregnant woman can first feel the movements of the growing embryo or fetus, has long been a pivotal moment in pregnancy. Historically, it has also been a pivotal moment for law and the Church in deciding the criminal and religious sanctions for women who intentionally procured an abortion.

Pope Innocent XI, born Benedetto Odescalchi, made considerable contributions to the Roman Catholic approach to embryology by condemning several propositions on liberal moral theology in 1679, including two related to abortion and ensoulment. His rejection of these principles strengthened the Church's stance against abortion and for the idea of "hominization," meaning the presence of human qualities before birth.

The case of Smith v. Cote (1986) answered two important questions concerning law and childbirth: does the State of New Hampshire recognize a cause of action for what is defined as wrongful birth, and does the State recognize a cause of action for what is classified as wrongful life? In the case of Smith v. Cote, damages were permitted for wrongful birth, but not for the action of wrongful life.

In 2001, the Supreme Court of New Jersey decided a dispute between a divorced couple over cryopreserved preembryos created through in vitro fertilization (IVF) during the coupleÕs marriage. The former wife (J.B.) wanted the preembryos destroyed, while her former husband (M.B.) wanted them to be used for future implantation attempts, such as by an infertile couple. In J.B. v. M.B. (2001), the court declined to force J.B. to become a parent against her will, concluding that doing so would violate state public policy. Instead, the Supreme Court of New Jersey decided that agreements directing the allocation of cryopreserved preembryos will be enforced, unless one party changes his or her mind prior to the preembryosÕ use or destruction. Should a party revoke an earlier decision about the preembryos, New Jersey courts should weigh the partiesÕ interests with special weight given to an individualÕs right to not procreate.