Manuel B. Garcia

Manuel B. Garcia serves as the Senior Director for Educational Technology and Digital Learning at FEU Institute of Technology, Manila, Philippines. Read More

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Can Someone Give Valid Consent if They Cannot Read the Consent Form?

Being unable to read a consent form does not automatically prevent someone from giving valid informed consent. The information can be communicated orally or through other appropriate means, but the approved consent and documentation procedures must still be followed.

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Consent When a Participant Cannot Read Guide 140 of 398
01 · The Question

Does informed consent require the participant to read the form?

A prospective participant tells you that they cannot read the consent form. Perhaps they never learned to read, have very limited literacy, have a visual impairment, or cannot independently access the written document in its current format.

It is easy to make one of two mistakes. The first is to assume that the person cannot participate because they cannot read the document. The second is to read the form aloud, obtain a signature or mark, and assume the problem has been solved.

Neither approach gets to the central ethical question. Informed consent depends on whether the person can receive and understand the relevant information, ask questions, make a voluntary decision, and communicate that decision. Reading is one way of receiving information. It is not the definition of informed consent.

02 · The Short Answer

A person does not have to be able to read to make an informed decision

In Brief

Yes. A person who cannot read a consent form may still give valid informed consent if the research information is communicated in a form they can understand, they adequately understand what participation involves, their decision is voluntary, and consent is obtained and documented according to the applicable ethics and regulatory requirements.

Depending on the research framework, the process may require oral presentation of the information, an impartial witness, particular signatures or marks, or another approved method of documentation. Being unable to read should not, by itself, be treated as evidence that someone lacks the capacity to consent.

03 · What You Need to Know

Separate the ability to read from the ability to consent

Reading ability and decision-making capacity are different questions

A person may be unable to read a page of text yet readily understand an oral explanation, compare the advantages and disadvantages of participation, ask sophisticated questions, and make a voluntary choice. Conversely, the ability to read and sign a form does not prove that someone understands it.

Ability to read Whether a person can obtain information independently from the written consent materials.
Ability to consent Whether the person can make the relevant participation decision after receiving and understanding the information necessary to do so.

This is why researchers should not use literacy as a shortcut for assessing a participant's capacity to give informed consent. A genuine concern about decision-making capacity requires its own assessment. An inability to read requires an accessible way of communicating the information.

The information can be communicated orally

Major research-ethics frameworks recognize that consent information can be communicated through more than independent reading. CIOMS describes informed consent as a two-way communicative process and recognizes oral presentation and appropriate audiovisual aids as ways of supplementing written information.

For someone who cannot read, the researcher can explain the relevant information orally using understandable language, with sufficient time for discussion and questions. The participant should receive the same substantive information needed by someone who reads the consent materials independently. Oral consent procedures are not an ethical shortcut that permits important information to disappear.

The person obtaining consent should also check understanding. Asking the participant to explain important aspects of the study in their own words can reveal misunderstandings that would remain invisible if the process ended with "Do you understand?"

Reading the form aloud is not necessarily the same as explaining it

Imagine a consent form containing terms such as randomization, placebo, coded biospecimen, incidental finding, or foreseeable risk. Reading every sentence aloud does not automatically make those concepts understandable.

An effective oral process may require researchers to pause, explain unfamiliar terms, answer questions, use examples, and revisit information that the participant has misunderstood. The goal is comprehension rather than successful completion of a recital.

If inability to read reflects broader limitations in using written information, the entire consent process may need to be adapted rather than simply converting written words into spoken words.

An impartial witness may be required

Witness requirements depend on the regulatory and ethical framework governing the study. They should therefore be checked rather than assumed.

ICH E6(R3), which applies to clinical trials within its scope, defines an impartial witness as a person independent of the trial who cannot be unfairly influenced by people involved in the trial. When the participant or the participant's legally acceptable representative cannot read, the impartial witness attends the informed consent process and reads the informed consent form and other documented information supplied or read to the participant or representative.

Under the U.S. Common Rule short-form procedure, a witness is required when the elements of informed consent are presented orally using the short-form documentation process. The participant or legally authorized representative signs the short form, the witness signs both the short form and the approved summary, and the person obtaining consent signs the summary.

Watch Out

Do not assume that every participant who cannot read requires exactly the same witness procedure. The requirements differ across research frameworks, jurisdictions, institutions, and approved protocols. Verify the procedure with the responsible research ethics committee or institutional review board before recruitment.

A witness does not consent for the participant

The witness and the participant have fundamentally different roles. The participant makes the decision. The witness observes or attests to the consent process as required by the applicable procedure.

That distinction becomes particularly important when a relative accompanies the participant. A relative's presence should not quietly transform the participant's own decision into family permission. Questions about whether a family member can serve as an interpreter or appropriately perform another role should be addressed separately.

Unable to read and unable to sign are not the same thing

Researchers sometimes collapse these into one problem, but they are distinct. A participant might be unable to read yet able to sign their name. Another participant might understand written or orally presented information but be physically unable to produce a conventional signature.

The applicable framework may permit another method of documenting consent. FDA guidance, for example, has recognized that a person who cannot write may make a mark where consistent with applicable law. An alternative method should not be invented during the consent encounter simply because it seems practical. It should be consistent with the approved protocol and applicable requirements.

Documentation is not the same as consent itself

A useful distinction is between obtaining informed consent and documenting that it occurred. OHRP describes informed consent as a process involving adequate information, comprehension, and voluntary choice. Documentation records that process in the manner required by the relevant framework.

This explains why a signature, thumbprint, mark, witness signature, or electronic record cannot independently establish that consent was genuinely informed. Documentation matters, sometimes as a legal or regulatory requirement, but the ethical substance lies in the decision that preceded it.

Do not appoint a substitute decision-maker merely because the person cannot read

A participant who cannot read does not automatically need someone else to make the participation decision. Whether another person can consent on behalf of a research participant depends on questions such as decision-making capacity, applicable law, and the research framework.

Replacing a capable participant's decision with someone else's because the participant cannot read would confuse accessibility with incapacity. The first response should ordinarily be to make the information accessible to the participant.

04 · A Practical Example

How consent might work when a participant cannot read

Hypothetical Example

A participant in a clinical trial cannot read the consent materials

A prospective participant is eligible for a clinical trial conducted under a framework requiring an impartial witness when the participant cannot read. The participant speaks and understands the language used for the study but tells the research team that they cannot read the consent document.

1. Confirm the actual barrier The researcher establishes that the issue is reading rather than difficulty understanding the language or an apparent problem with decision-making capacity.
2. Follow the approved procedure An impartial witness is present as required by the applicable trial procedures rather than being recruited casually after the discussion has finished.
3. Present the information orally The research information is communicated to the participant in understandable language, including the purpose, procedures, risks, possible benefits, alternatives where applicable, voluntariness, and right to withdraw.
4. Discuss rather than merely recite The participant asks what will happen if they stop participating. The researcher answers the question and explains the relevant withdrawal procedures.
5. Check comprehension The researcher asks the participant to explain what participation would involve and what choices remain available after enrollment.
6. Obtain and document the decision After the participant demonstrates adequate understanding and voluntarily agrees, the research team and witness complete the documentation required by the approved procedure.

The participant's inability to read did not transfer the decision to the witness. It changed how information was communicated and how the consent process was documented.

05 · What Researchers Often Get Wrong

Common mistakes when participants cannot read the form

Misconception

If the participant cannot read, they cannot consent

Reading ability is not equivalent to consent capacity. A person may understand orally communicated information and make a voluntary, informed decision even though they cannot independently read the document.

Misconception

Someone else should sign and decide for them

A substitute decision-maker is not automatically appropriate. If the participant is capable of making the decision, the decision remains theirs. Alternative documentation or witnessing procedures do not transfer decision-making authority.

Misconception

Reading every sentence aloud guarantees valid consent

Audibility is not comprehension. Technical language can remain incomprehensible when spoken. Researchers need to communicate meaning, answer questions, and check understanding rather than simply convert the written document into speech.

Misconception

The witness decides whether the study is suitable for the participant

That is not the witness's role. Under procedures requiring an impartial witness, the witness provides assurance about aspects of the consent process specified by the applicable framework. The participant still makes the participation decision.

Misconception

A thumbprint automatically solves the documentation problem

A thumbprint or mark may be acceptable under some procedures and laws, but it is not universally interchangeable with a signature. More importantly, a mark documents a decision; it does not establish that the participant understood the research.

06 · What This Means for You

Plan for non-readers before recruitment begins

If people who cannot read may reasonably be recruited, describe the proposed consent procedure in the protocol and ethics submission. Determine in advance how information will be presented, how comprehension will be assessed, whether a witness is required, who qualifies as an appropriate witness, and how consent will be documented.

A simple decision framework

If the participant cannot read but understands spoken information
Use the approved oral or accessible consent process and verify the required witnessing and documentation procedure.
If the participant can read but has difficulty understanding complex written material
Adapt the process for limited literacy rather than automatically treating the participant as a non-reader.
If the participant cannot understand the language being used
Address the separate language barrier through the approved multilingual consent process.
If there is a genuine concern about decision-making capacity
Assess capacity using the appropriate procedure rather than inferring incapacity from inability to read.

The practical rule is straightforward even though the documentation rules can be less so: preserve the participant's own decision whenever they are capable of making it, remove unnecessary communication barriers, and follow the specific procedure approved for the study.

07 · A Quick Checklist

Before obtaining consent from someone who cannot read

Before proceeding, check:
Confirm whether the barrier is inability to read, limited literacy, language, visual access, or another communication issue.
Do not infer lack of decision-making capacity merely from inability to read.
Use an approved method to communicate all information necessary for an informed decision in a form the participant can understand.
Allow sufficient time for questions, discussion, and consideration before requesting a decision.
Check understanding rather than relying on the participant's signature, mark, or statement that they understand.
Verify whether the applicable framework requires an impartial witness and what qualifications that witness must meet.
Verify which signatures, marks, dates, copies, or other documentation are required by the approved procedure.
Give the participant the consent information in an accessible form they can retain when required and practicable.
08 · Frequently Asked Questions

Questions about consent when a participant cannot read

Does a participant have to read the consent form personally?

Not necessarily. Informed consent can involve oral presentation or other accessible forms of communication. What matters ethically is that the participant receives and adequately understands the relevant information and decides voluntarily. The required method of documentation depends on the regulatory and ethics framework governing the research.

Does someone who cannot read automatically need a legally authorized representative?

No. A legally authorized representative is relevant when another person is legally permitted to consent on behalf of a prospective participant under the applicable framework. Inability to read alone does not establish that the participant lacks capacity to make their own decision.

Must an impartial witness always be present?

No single witness rule applies to every type of research. ICH E6(R3), for example, provides for an impartial witness when a clinical-trial participant or legally acceptable representative cannot read. The U.S. Common Rule also requires a witness when its short-form oral consent procedure is used. Researchers should verify the rules applicable to their own study.

Can the researcher simply read the consent form aloud?

Reading information aloud may be part of the process, but it does not by itself establish informed consent. The information must be understandable, questions should be answered, and comprehension should be adequately established. Applicable regulations or the approved protocol may also prescribe how the oral process is conducted and witnessed.

Can the participant make a mark instead of signing their name?

Possibly. Some frameworks permit a mark or another approved means of documentation under particular circumstances. Whether it is acceptable depends on applicable law, regulation, institutional requirements, and the ethics-approved procedure.

Is oral consent the same as waiving documentation of consent?

No. Oral communication may be part of a consent process that still has formal documentation requirements. Separately, some regulatory frameworks permit an ethics committee or IRB to waive signed documentation under specified conditions. Researchers should not treat these as interchangeable procedures.

09 · The Bottom Line

Reading the form is not what makes consent informed

The Bottom Line

A person who cannot read a consent form may still give valid informed consent if the information is communicated accessibly, they adequately understand the research, they decide voluntarily, and the required consent and documentation procedures are followed.

Do not replace the participant's decision merely because they cannot read, and do not assume that reading the form aloud or obtaining a mark is sufficient. Determine the appropriate oral, witnessing, and documentation procedures with the responsible ethics committee or institutional review board before recruitment begins.

10 · Sources and Further Reading

Authoritative guidance on consent and participants who cannot read

11 · Cite this Guide

How to Cite This Guide

This guide is intended to be read, shared, and used in research, teaching, and academic work. If you draw on its ideas, explanations, or other content, please acknowledge the source by citing the guide. Doing so gives appropriate credit and helps your readers locate the original resource.

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