Well there does seem to be a contradiction here. At least one.
Prison sentence by definition takes away a number of human rights. Freedom, family life, association, travel, privacy, equality of opportunity etc. etc. And quite, we do not have marital visits in prisons do we, so therefore any "right'" to father a child is by definition suspended unless that rule changes.
What is there about this that is so hard for judges to work out?
The only cogent argument is that a wife has a right to conceive. Hum. I don't think anyone has a "right" to have children. Some are lucky enough to have them and some are not. It is not a human right on any list that I am aware of.
I have always had some doubts about whether the NHS should pay for any infertility treatment. How can I put this...?
In a parallel universe, very similar to this one, there is an NHS that does not pay for any fertility treatment. There are several perfectly good reasons that everyone in this parallel universe finds reasonable:
1. Infertility is not an illness.
2. Child rearing is very expensive and if parents cannot afford IVF they certainly can't afford to have children.
3. The NHS is short of money and there are more deserving ways to spend it - on people who are actually ill.