The implication of the court's decision was that Thomas Doolan's identity or personhood existed at the embryo stage in vitro, thus the fact that he was born with cystic fibrosis was not attributable to the decision of the in vitro fertilization providers to implant one embryo instead of another. The other unused embryo may not have carried the cystic fibrosis genes, but that other embryo was not Thomas Doolan. The decision in Doolan has not been publicly tested in other jurisdictions.

In a dispute over frozen embryos during a divorce case, the court decided the wife's fundamental right to not procreate mandated destruction of the pre-embryos in light of the husband's continuing ability to procreate with a different partner. The court also said embryo disposition agreements used by in vitro fertilization clinics were generally enforceable subject to either spouse's right to change his or her mind prior to use of the pre-embryos.

Pursuant to an express provision of the embryo disposition contract they both signed, a husband and wife had to petition the court for instructions because they could not reach an agreement about what to do with frozen embryos when they divorced. The trial court awarded the pre-embryos to the husband and the Court of Appeals affirmed this decision. However, the Washington Supreme Court ruled that the pre-embryos should be thawed out and allowed to expire because the dispute had not been resolved within a five year time frame prescribed by the Cryopreservation Agreement. A dissenting opinion filed by one judge argued that the five year limit should not apply because of judicial delay in reaching a final decision.

The Massachusetts Supreme Court in a case of first impression decided that a prior written agreement between a husband and wife regarding the disposition of frozen embryos in the event of a divorce was unenforceable. This was the first case to reject the presumption that written agreements to conduct in vitro fertilization practices were binding. The court would not force the husband to become a parent merely because he signed a consent form that would have awarded the frozen embryos to his wife in the event of marital separation.

Assisted reproductive technologies (ART) are a collection of different techniques designed to help those who are infertile achieve a successful pregnancy. The most popular technology currently in use is in vitro fertilization (IVF), but others include gamete intrafallopian transfer (GIFT), zygote intrafallopian transfer (ZIFT), intrauterine insemination (IUI), and intracytoplasmic sperm injection (ICSI). Although not encompassed under the umbrella term of ART, there are also various hormonal medications that can induce ovulation such as clomiphene citrate that can either be used alone to help women conceive, or used in conjunction with the above techniques. Infertility is a problem that has affected people throughout history, but it was only in the last half of the twentieth century that medical research developed technologies to help those who are infertile become pregnant.

"MicroSort, developed in 1990 by the Genetics and IVF Institute, is a form of pre-conception sex selection technology for humans. Laboratories located around the world use MicroSort technology to help couples increase their chances of conceiving a child of their desired sex. MicroSort separates male sperm cells based on which sex chromosome they contain, which results in separated semen samples that contain a higher percentage of sperm cells that carry the same sex chromosome. The technology ultimately enables couples to choose the sex of their future child by choosing semen samples that predominately contain sperm with the X chromosome for a female or Y chromosome for a male. MicroSort technology is a sperm sorting technique that provides couples worldwide a means of pre-conception sex selection.

Anne Laura Dorinthea McLaren was a developmental biologist known for her work with embryology in the twentieth century. McLaren was the first researcher to grow mouse embryos outside of the womb. She experimented by culturing mouse eggs and successfully developing them into embryos, leading to advancements with in vitro fertilization.

In Arizona, statutes that protect persons, such as the wrongful death statute, will not be interpreted by the courts to grant personhood status to frozen embryos. The legislature may grant such protection in the statute if it chooses to do so by explicitly defining the word person to include frozen embryos.

In a case of first impression in the state of New York, the highest state court decided that a priori written agreement between progenitors of frozen embryos regarding the disposition of their "pre-zygotes" in the event of divorce is binding. By copying the general result arrived at by the Tennessee Supreme Court in Davis v. Davis in 1992, the New York court magnified the weight of authority in favor of upholding prior written agreements for in vitro fertilization practices.

Ernest Everett Just was an early twentieth century American experimental embryologist involved in research at the Marine Biological Laboratory (MBL) at Woods Hole, Massachusetts, and the Stazione Zoologica in Naples, Italy. Just was known for simple but elegant experiments that supported the "fertilizing" theory of Frank R. Lillie and served as an antagonist to Jacques Loeb's work with artificial parthenogenesis. Just's many experiments with marine invertebrates showed that the egg surface, or ectoplasm, plays an important role in the fertilization and development of eggs.