People choose an OB-GYN for some of the most personal care they will ever receive: pregnancy and birth, contraception, fertility questions, menopause, pelvic pain. Many choose a practice and stay for decades, and many first meet it through a search, a friend’s recommendation or a hospital affiliation.
That makes OB-GYN marketing different from most specialties. Trust is the product, and the information involved is unusually sensitive. This guide covers privacy rules and their current status, tracking on your website, birth stories and newborn photos, reviews, honest claims and what tends to work. It does not cover clinical care or any state’s laws on reproductive health services, which vary and change. Practices offered laser or radiofrequency vaginal treatments should read our guide to vaginal rejuvenation advertising rules. Practices that ask patients about family cancer history should read hereditary cancer risk assessment outreach.
This is general information, not legal or medical advice. Sources cited were checked on October 29, 2026: the HHS page HIPAA and Reproductive Health (read from an Internet Archive copy dated October 23, 2026, because hhs.gov blocked our automated check), 45 CFR 164.520 (notice of privacy practices), 45 CFR 164.508, the FTC Health Products Compliance Guidance, 16 CFR 255.2 and Part 465. Federal rules in this area have changed through court decisions, and state laws on reproductive health privacy differ widely. Have a health care attorney review your marketing and your privacy notice.
Where the 2024 HIPAA reproductive health privacy rule stands
In April 2024, HHS published the HIPAA Privacy Rule to Support Reproductive Health Care Privacy (89 Federal Register 32976). On its HIPAA and Reproductive Health page, HHS states that on June 18, 2025, the U.S. District Court for the Northern District of Texas, in Purl v. HHS, issued an order declaring unlawful and vacating most of that rule.
HHS also explains one exception that matters to every practice. For the rule’s changes to the notice of privacy practices requirements at 45 CFR 164.520, the court vacated only three provisions, 164.520(b)(1)(ii)(F), (G) and (H). HHS says the remaining notice of privacy practices modifications are undisturbed and remain in effect, with compliance required by February 16, 2026, and that it will determine next steps after reviewing the decision.
- Do not tell patients your practice follows the 2024 reproductive health privacy rule as if it were fully in force.
- Do check that your notice of privacy practices reflects the modifications HHS says remain in effect, with your attorney.
- Watch for changes. This area has moved through the courts, and we recheck it on a schedule.
Whatever the federal rule says, patients care deeply about privacy in this specialty, and state privacy laws can add duties of their own. Washington’s My Health My Data Act, for example, covers consumer health data outside HIPAA; see our guide to the Washington My Health My Data Act.
Tracking on appointment and service pages
Ad and analytics tags can send information about which pages a visitor viewed to third parties. On an OB-GYN site, that might reveal that someone looked at prenatal care, contraception or pregnancy loss pages, or booked an appointment. Keep advertising tags off sensitive service pages, appointment requests and patient portal links, and configure analytics so it does not collect health details. Our guides to tracking pixels on practice websites and HIPAA and website contact forms explain the details, and your website privacy policy should describe what you actually do.
Birth stories, ultrasound images and newborn photos
Birth announcements, baby photos and thank-you notes are part of OB-GYN culture, and families often want to share them. When the practice holds the photo or story, it is protected health information. Under 45 CFR 164.508, using protected health information for marketing generally requires a written authorization that meets that section’s requirements. A newborn delivered by your team is also your patient, so think about who can authorize for the baby as well as the parent.
- Get a written authorization before posting any patient’s photo, ultrasound image, birth story or thank-you note, even if they sent it to you.
- Reposting what a patient shared publicly is still marketing with patient information; get authorization first.
- Avoid stories about pregnancy loss, fertility struggles or complications in marketing, even with permission, unless a patient strongly wants to share and counsel has reviewed it.
Under the FTC Endorsement Guides, 16 CFR 255.2(b), an ad that relates one patient’s experience on a key point is likely to be read as showing what others will generally achieve. A smooth birth story presented as typical, or a story about conceiving after treatment, can imply results your practice cannot promise. Our guide to patient testimonials covers both rules.
If your practice talks with patients about cord blood banking, or a bank asks to place brochures or staff in your office, our guide to cord blood banking marketing covers FDA status wording, use claims, referral payments and patient lists.
Mood during pregnancy and after birth deserves its own page and its own care with words. Our guide to perinatal depression outreach covers the USPSTF counseling recommendation and its update, 988 and 911 in every tool, coverage and private reminders.
Reviews
16 CFR Part 465 prohibits fake reviews and, in section 465.4, prohibits compensation or other incentives conditioned on reviews expressing a particular sentiment. Replies are where OB-GYN practices most often slip: never confirm that a reviewer is a patient, was pregnant or had a procedure. Thank them in general terms and invite them to call the office. Our guide to replying to patient reviews has wording that works.
Honest claims about services
The FTC Health Products Compliance Guidance says claims about the health benefits of health-related products and services require competent and reliable scientific evidence, and that advertisers are responsible for implied claims as well as express ones. In OB-GYN marketing, watch claims about menopause treatments, aesthetic or wellness services some practices add, and anything implying a guaranteed birth experience or pregnancy outcome. Describe what you offer, who provides it and how a visit works. For fertility services, see our guide to fertility clinic marketing.
Screening and vaccine outreach brings its own wording questions: which interval to give when the federal recommendations are being updated, how to describe a swab patients take themselves, and what to say about HPV vaccine doses while the 2026 federal childhood schedule is in court. Our guide to cervical cancer screening and HPV vaccine outreach covers each.
What tends to work, inside the rules
- Clinician pages that build trust. Each provider’s credentials, the care they focus on, languages spoken and hospital affiliations, stated accurately. Patients often choose a person first.
- Clear service pages. Prenatal care, annual exams, contraception, menopause care, procedures you offer, each with what to expect at a visit.
- A practical pregnancy page. Where you deliver, how on-call coverage works, what prenatal visits involve and how to reach the team after hours.
- Privacy you can explain. A short, plain statement of how you handle information online and in the office, matching your actual practices.
- Fast, discreet answers. Staff or an AI front desk can answer general questions about scheduling and insurance and hand anything clinical or sensitive to the care team.
Our medical website design page explains how we build provider and service pages that answer patients’ first questions without collecting more than you need.
Is the 2024 HIPAA reproductive health privacy rule still in effect?
Mostly not. HHS states that on June 18, 2025, a federal court in Texas vacated most of the rule. HHS says the rule’s notice of privacy practices changes, other than three vacated provisions, remain in effect with compliance required by February 16, 2026. Check the current status with your attorney.
Can we post a baby photo a patient sent us?
Only with written authorization under 45 CFR 164.508. A newborn your team delivered is also a patient, so consider who can authorize for the baby too.
Can we use tracking pixels on our pregnancy pages?
Keep advertising tags off sensitive service pages, appointment requests and portal links. Page views on an OB-GYN site can reveal health information. See our guide to tracking pixels on practice websites.
How should we reply to a review that mentions a delivery?
Do not confirm the person is a patient or mention their care. Thank them in general terms and invite them to contact the office.
Can we say our practice offers a stress-free birth?
Avoid promises about birth experiences or outcomes. The FTC holds advertisers responsible for implied claims, and every pregnancy is different.
Screening for intimate partner violence in women of reproductive age, safe reminders and confidential contact requests are covered in our guide to intimate partner violence screening outreach.
Sources
- HHS: HIPAA and Reproductive Health (court decision of June 18, 2025 and remaining notice of privacy practices changes)
- Internet Archive copy of the HHS page, October 23, 2026
- 45 CFR 164.520: Notice of privacy practices for protected health information
- 45 CFR 164.508: Uses and disclosures for which an authorization is required
- FTC: Health Products Compliance Guidance (December 2022)
- 16 CFR 255.2: Consumer endorsements
- 16 CFR Part 465: Use of consumer reviews and testimonials
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