Compliance

Marketing fertility care in Saudi Arabia: the ethical and legal lines

Fertility units in Saudi Arabia work under their own law, and marketing adds ad controls, data law and platform rules. A clear list of what to do.

Naqar Digital team9 October 2026 · 5 min read

Fertility units in Saudi Arabia operate under their own law, which requires a Ministry of Health licence, full confidentiality of patient information and the licensed level on signs and printed materials, with penalties of up to SAR 500,000 and 5 years in prison for serious violations. Marketing adds the ministry's advertising controls, health data protection and platform policies, which together point to ads about the service, enquiry data kept away from ad platforms, and calm wording. This article is general information; take legal questions to the centre's counsel.

What the fertility law sets

The Law of Fertilization, Embryo and Infertility Treatment Units was issued by Royal Decree M/76 dated 21/11/1424H (Council of Ministers decision 260). The summary below follows the Ministry of Health's English text. Check the official Arabic text on the Bureau of Experts portal before quoting any article.

  • Articles 3 to 5: units follow the fatwas of the Council of Senior Scholars, and treat only within an existing marriage using the spouses' own gametes.
  • Article 6: explicit written consent from both spouses, after the procedures and risks are explained.
  • Article 12: full confidentiality of patient information. Access only when necessary, with approval from the Supervisory Committee or a court.
  • Articles 19 to 23: no unit may open or operate without a ministry licence. There are three licence levels, and the licensed level must appear with the unit's name on signs and printed materials.
  • Article 32: serious violations, such as practising beyond the licensed level or deceiving a patient for exploitation, carry SAR 200,000 to 500,000 and/or up to 5 years in prison and/or licence cancellation.
  • Article 33: other violations carry a warning, SAR 20,000 to 200,000, up to 2 years and/or cancellation.

The executive regulations are reported to date from 2019 (1440H). The ministry held a public consultation on a new draft in August 2021; we could not confirm whether it was adopted, so ask your counsel which version applies.

Where the advertising limits come from

Beyond Article 23, advertising limits come from the ministry's health advertising controls (summarised in our article on medical advertising rules). We could not reach the official text, so the points below follow a summary published by Al Watan on 29 January 2025:

  • Ads are in Arabic, labelled as ads, and show who the advertiser is.
  • Fees are stated clearly, and risks are stated.
  • Patient images, patient data and patient testimonials stay out of ads, as do misleading offers.
  • Discounts need ministry approval.

Patient data

Under Saudi Arabia's personal data protection law, health data is sensitive and needs explicit consent; legitimate interest is not an available basis. A law firm summary dates full enforcement to 14 September 2024. With Article 12, this means:

  • Keep fertility enquiry data out of ad-platform audiences and tracking pixels.
  • Ask for explicit consent before any follow-up message.
  • Limit who on the team can open fertility enquiries.

To count bookings without platform data, see Meta's health ad limits.

Success rates: what other regulators require

  • United Kingdom. The fertility regulator, the HFEA, launched five ratings for treatment add-ons in October 2023 (green, yellow, grey, black and red). Clinics must explain each add-on's effect, cost and risk, and link to the ratings.
  • Europe. ESHRE's 2023 good practice recommendations on add-ons (Human Reproduction 38(11):2062-2104) found evidence of benefit for only a handful of add-ons.
  • United States. Of 361 SART member clinic websites, about a third posted success rates; only 52.6% of those were current and 67.5% carried the required disclaimer (Fertility and Sterility, 2020).

These are foreign rules, and they show how easily outcome claims lose their context. Our advice: keep success rates out of ads. On the website, follow the HFEA approach: live births per cycle started, by age group, with dates, sample sizes and a plain caveat.

Practical lines for the marketing team

  • Ads describe the service, the team and the consultation, with fees and risks stated.
  • Real patient stories, photos of babies linked to identifiable couples, and any detail that could reveal a patient stay out of all content.
  • Wording stays calm and private. Countdowns, "last chance" offers and pressure have no place in fertility marketing.
  • The licensed level and the ministry licence appear on the website and on landing pages.
  • The centre's consultant approves each piece, and the ministry approves any discount, before publishing.

How to check

Each quarter, audit the last 30 ads, posts and landing pages:

  1. Items with a success-rate or outcome claim. Target: zero.
  2. Items with a testimonial or any detail that could identify a patient. Target: zero.
  3. Landing pages that show the licensed level and the ministry licence. Target: all.
  4. Enquiry forms that record explicit consent and carry no tracking pixels (ask your developer). Target: all.
  5. Items with a dated approval from the consultant before publishing. Target: all.

Date the audit sheet and compare each quarter with the last.

In practice

Run the audit, correct what it finds, and make the consultant's approval part of publishing. For the wider plan, see our IVF centre marketing page; the Naqar team can also review your ads and pages with you.

Common questions

Can we share a couple's story if they agree?

The published summary of the ministry's controls bars patient testimonials and images in ads, and Article 12 requires confidentiality. Keep patient stories out of ads, and ask your counsel before any other use.

Can we advertise our success rate?

Our advice is to keep them out of ads and to use the HFEA format on your website.

Does the fertility law cover advertising directly?

Only through Article 23 on showing the licensed level. Other limits come from the ministry's ad controls and data law.

Sources

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