IVF clinic marketing playbook (India)

Disclaimer: Operational guidance, not legal advice. Only facts checked against the statute text are stated, with citations. Points under ⚠ Notes need confirmation from your lawyer or State authority.

What the law says (verified)

No sex-selection advertising (PCPNDT Act s.22): no person, organisation or clinic may advertise, in any form including internet, facilities for pre-natal sex determination or pre-conception sex selection. Penalty: imprisonment up to 3 years and fine up to ₹10,000. PCPNDT Act 1994, s.22(1)–(3)
No pre-determined sex (ART Act s.26): a clinic shall not offer a couple or woman a child of a pre-determined sex; identifying embryo sex is barred except to diagnose, prevent or treat a sex-linked disorder. ART Act 2021, s.26
No sex-selective ART ads (ART Act s.32): a clinic, bank or their agent shall not advertise, in any manner including internet, facilities of sex-selective ART. Penalty: 5–10 years' imprisonment or fine of ₹10–25 lakh, or both. ART Act 2021, s.32
Drug ads (DMR Act s.3): no advertisement may suggest a drug for conditions in the Schedule, which includes "Sterility in women" (item 48) and "Diseases and disorders of the uterus" (item 12), or for "prevention of conception in women". DMR Act 1954, s.3 & Schedule

NMC advertising rules (official nmc.org.in text only)

Which rules apply: NMC Gazette notification R-12013/01/2022/Ethics (23 Aug 2023) put the NMC RMP (Professional Conduct) Regulations, 2023 in abeyance and adopted the IMC (Professional Conduct, Etiquette and Ethics) Regulations, 2002. On 06/10/2026, NMC's Ethics & Medical Registration Board issued Public Notice R-13014/01/2024-Ethics, "Guidelines on Ethical Advertising and Public Communication by Hospitals/Medical Institutions and Registered Medical Practitioners", effective immediately. For doctors (RMPs) they are read with the 2002 Regulations (Guidelines para 4.2); for hospitals and medical institutions they are read with the applicable Clinical Establishments Act/State Act, which prevails if there is a conflict (para 4.3).

Scope covers digital marketing: "digital, social-media, sponsored, targeted, influencer-led, search-engine, platform-based, audio-visual, AI-generated or AI-assisted promotional communications shall be treated as advertising" where promotional (para 3.2). Mediums include WhatsApp, Telegram, Facebook, podcasts and sponsored posts (para 3.5).
Agencies don't shift responsibility: publishing through an agency, influencer or platform does not absolve the RMP or institution (para 4.4).
Disclose credentials on posts: RMPs must show name, qualifications, registration status and SMR/NMR number on electronic media posts; clinical establishments must show these for their RMPs (para 3.2, Explanations III and IV).
No fake or paid reviews or testimonials: no soliciting, buying or manipulating reviews, ratings, testimonials or endorsements, and no sharing patient testimonials for promotion on social media (para 3.2, Explanation V; para 8.1(xii)).
Hospitals/institutions may advertise only factual, verifiable information: name, location, contact details, departments, facilities, equipment, services, emergency services, accreditation status and charges (paras 8.3(i), 9.1). No solicitation, inducement, superiority claims, guarantees of outcome or promotional portrayal of an individual RMP (para 8.3(ii)).
Banned claims: "Guaranteed cures", "Best doctors", "No.1 Specialist", "100% success", "painless treatment", "Miracle treatment", "Exclusive cure" (para 8.1(iii)); "best", "No.1", "leading", "most trusted", "top", "unmatched" unless objectively and independently verifiable (para 8.1(ix)).
No inducements: discounts, limited-period offers, contests, coupons, cashbacks, referral benefits or free procedures likely to encourage unnecessary care; any fee disclosure must be factual and transparent (para 8.1(x)).
No referral or lead fees: no commission, referral fee or lead-generation fee linked to procuring patients, and agency/influencer contracts must not be paid per patient (para 8.1(vii)–(viii)).
No celebrity, influencer or patient endorsements for professional services; material commercial relationships must be disclosed (para 8.1(xi)).
No before-and-after photos or promotional patient stories, except strictly for scientific or educational purposes with anonymised patient consent (para 8.1(v)). Consent alone does not make an otherwise prohibited testimonial allowed (para 6.2).
No fear-based marketing or ads creating unnecessary demand for procedures or diagnostics (para 8.1(i)).
AI: AI-generated promotional campaigns for commercial interest are prohibited; permitted AI content must carry a source mark saying it is AI; no AI-made patient images, voices, testimonials or synthetic endorsements (para 7.2).
Privacy: no publicly identifiable patient data (para 7.4); advertising that uses personal data must comply with the IT Act 2000 and the DPDP Act 2023 and its 2025 Rules (para 7.6).
Hoardings: only factual information on infrastructure and facilities; unverifiable claims are prohibited (para 5.2).
Doctor photos: using an RMP's photo for self-advertisement is not permitted (para 9.2, referring to 2002 Regulations 6.1.1 and 6.1.2).
Allowed for RMPs: formal announcements (starting practice, change of type of practice, address change, temporary absence, resumption of practice, succeeding to another practice, public declaration of charges); public-health talks without promoting their employer; non-promotional patient pamphlets (para 8.2). Health awareness content is fine if it doesn't promote personal practice or solicit patients (para 5.1).
Enforcement: State Medical Councils act against RMPs with graded action that "may be contemplated": warning and ethics training; censure and monetary penalty; suspension of 3–6 months; for serious violations, suspension of 6–12 months; for repeated violations, removal from the register for 1–3 years (para 10.1). Hospitals are dealt with under the Clinical Establishments Act/State Act (para 10.1, Explanation). Appeals go to EMRB within 60 days (para 11.1).

⚠ Notes: the 06/10/2026 Guidelines PDF on nmc.org.in is a scanned document; we read it page by page. How each State Medical Council and Clinical Establishments authority will enforce it is not yet known. ASCI codes and State-specific rules are not covered here.

Do's

State facts only: clinic name, location, contact, departments, facilities, equipment, services, accreditation status and charges (NMC Guidelines 8.3(i)).
Show each doctor's name, qualifications, registration status and SMR/NMR number on social posts (3.2 Expl. III–IV).
Use educational, non-promotional content (process explainers, what to bring to a consult).
Get written consent before using any patient photo, video or testimonial, and anonymise.
Keep a pre-publication review log (who approved, date, which rule checked).

Don'ts

Never mention boy/girl, gender choice, "family balancing", X/Y sperm sorting, or embryo sex, even indirectly or in Hindi/regional slang.
No "guaranteed baby", "100% success", "best IVF centre", "No.1" or unverifiable success-rate claims (NMC Guidelines 8.1(iii), 8.1(ix)).
No fake/paid reviews, patient video testimonials, before-and-after photos, celebrity or influencer endorsements (8.1(v), 8.1(xi), 8.1(xii)).
No discount offers, "free IVF consultation camps", coupons or cashbacks used to pull in patients (8.1(x)).
No per-lead or per-patient payments to agencies, influencers or referrers (8.1(vii)–(viii)).
No AI-generated promo campaigns; label any AI content as AI (7.2).
No ads that name a drug for infertility or uterine conditions.
No doctor photos or self-glorification in ads (NMC Guidelines 9.2; 2002 Regs 6.1.1).
No payment to agents for referring gamete donors or patients without legal review.

Compliant example copy

"{Clinic}, registered ART clinic, {City}. Departments: reproductive medicine, embryology lab, andrology. Consultation fee ₹{fee}. Mon–Sat, 9am–6pm. {address} · {phone}. Doctors: {Name}, {Qualification}, {SMC} Reg. No. {number}."

"Thinking about fertility treatment? Read our plain-language guide to your first visit: what to bring, what happens, and the questions to ask. {link}"

WhatsApp & social pre-post checklist

Sources

Last checked 15 Oct 2026.

FAQ

Can an IVF clinic in India advertise?

Factual, non-misleading information is the safe zone. Advertising sex determination or sex selection is a criminal offence under PCPNDT s.22 and ART Act s.32. Under the NMC Guidelines of 06/10/2026, hospitals may share only factual, verifiable information and must avoid superlatives, testimonials and inducements.

What are the NMC advertising guidelines of 6 October 2026?

NMC EMRB Public Notice R-13014/01/2024-Ethics (06/10/2026) issued Guidelines on Ethical Advertising and Public Communication for hospitals/medical institutions and RMPs, effective immediately. They cover digital, social media, influencer and AI promotion; ban unverifiable superlatives, fake or paid reviews, testimonials, inducements and referral fees; and allow hospitals to share only factual, verifiable information.

Are the NMC 2023 Professional Conduct Regulations in force?

No. NMC Gazette notification R-12013/01/2022/Ethics (23 Aug 2023) held them in abeyance and adopted the IMC 2002 Regulations, which the 2026 Guidelines are read with.

Can we advertise fertility drugs?

Ads suggesting a drug for 'sterility in women' are prohibited under the Drugs and Magic Remedies Act, 1954 (s.3, Schedule item 48).