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South Dakota House Bill HB1260

South Dakota 2025 Regular Session

South Dakota House Bill HB1260 Compare Versions

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1-25.717.11 100th Legislative Session 1260
1+25.717.10 100th Legislative Session 1260
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44 2025 South Dakota Legislature
55 House Bill 1260
6-HOUSE STATE AFFAIRS ENGROSSED
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1111
1212 Introduced by: Representative Schaefbauer
1313
1414 Underscores indicate new language.
1515 Overstrikes indicate deleted language.
1616 An Act to require that birth certificates and certain official documents reflect 1
1717 biological sex. 2
1818 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
1919 Section 1. That § 32-12-3 be AMENDED: 4
2020 32-12-3. Every application under this chapter shall state the full must: 5
2121 (1) State the applicant's: 6
2222 (a) Full legal name or any other name taken for lawful purposes, date; 7
2323 (b) Date of birth, social; 8
2424 (c) Social security number, sex,; 9
25-(d) Sex, as defined in § 34-25-1.1; and current 10
26-(e) Current mailing address and residential address of the applicant, and 11
27-briefly; and 12
28-(2) Briefly describe the applicant. 13
29-The applicant shall state whether he the applicant has previously been licensed as 14
30-an operator, and, if so, when and by what state or country, and whether an application 15
31-has ever been refused, and, if so, the date of and reason for such the suspension, 16
32-revocation, or refusal. All applicants shall certify the information provided as true and 17
33-correct. 18
34-Section 2. That § 32-12-17.10 be AMENDED: 19
35-32-12-17.10. An operator's license, motorcycle operator's license, restricted 20
36-minor's permit, motorcycle restricted minor's permit, instruction permit, and motorcycle 21
37-instruction permit shall must bear a: 22
38-(1) A distinguishing number assigned to the licensee, the holder; 23
39-(2) The holder's full legal name or any name lawfully taken, date; 24
40-(3) The holder's date of birth, gender,; 25 25.717.11 2 1260
25+(d) Biological sex, as defined in § 34-25-1.1, listed on the applicant's birth 10
26+certificate; and current 11
27+(e) Current mailing address and residential address of the applicant, and 12
28+briefly; and 13
29+(2) Briefly describe the applicant. 14
30+The applicant shall state whether he the applicant has previously been licensed as 15
31+an operator, and, if so, when and by what state or country, and whether an application 16
32+has ever been refused, and, if so, the date of and reason for such the suspension, 17
33+revocation, or refusal. All applicants shall certify the information provided as true and 18
34+correct. 19
35+Section 2. That § 32-12-17.10 be AMENDED: 20
36+32-12-17.10. An operator's license, motorcycle operator's license, restricted 21
37+minor's permit, motorcycle restricted minor's permit, instruction permit, and motorcycle 22
38+instruction permit shall must bear a: 23
39+(1) A distinguishing number assigned to the licensee, the holder; 24
40+(2) The holder's full legal name or any name lawfully taken, date; 25 25.717.10 2 1260
4141 Underscores indicate new language.
4242 Overstrikes indicate deleted language.
43-(4) The holder's sex, as defined in § 34-25-1.1; 1
44-(5) The holder's principal residence address, an; 2
45-(6) An indication if the licensee is holder: 3
46-(a) Is a donor pursuant to chapter 34-26, an indication if the licensee has; 4
47-(b) Has a living will pursuant to chapter 34-12D or a durable power of attorney 5
48-for health care pursuant to chapter 59-7, an indication if the licensee is; or 6
49-(c) Is a veteran pursuant to the provisions of § 32-12-17.15, a; 7
50-(7) A full facial digital photograph, a of the holder; 8
51-(8) A brief description of the licensee, the licensee's holder; 9
52-(9) The holder's signature, security; 10
53-(10) Security features designed to deter forgery and counterfeiting, to promote an 11
54-adequate level of confidence in the authenticity of the cards, and to facilitate 12
55-detection of fraudulent cards, the; 13
56-(11) The issue date of the license, the or permit; 14
57-(12) The expiration date of the license, an or permit; 15
58-(13) An indication that the license or permit is temporary or limited term, if the holder 16
59-has temporary lawful status in the United States, the; 17
60-(14) The name of this state,; and a 18
61-(15) A security marking approved by the United States Department of Homeland 19
62-Security reflecting the level of compliance with 6 C.F.R. Part 37 as amended 20
63-through (January 1, 2015). 21
64-The department shall indicate upon each license or permit the general class of 22
65-vehicles that the licensee may drive. The back of the license shall or permit must contain 23
66-a barcode. The department shall include in the barcode the name of this state, the 24
67-information printed on the license or permit, the card design revision date indicating the 25
68-most recent change or modification to the visible format of the card, and an indicator if 26
69-the license or permit is temporary or limited term. No barcode, or other means by which 27
70-information may be retrieved electronically, may contain the licensee's social security 28
71-number. 29
72-Section 3. That § 32-12-17.2 be AMENDED: 30
73-32-12-17.2. The Department of Public Safety may issue upon application a 31
74-nondriver identification card, similar in form but distinguishable in color from a driver 32
75-license, to any resident of this state. Each applicant for a nondriver identification card 33
76-shall, as part of the application, present to the department a certified copy of a birth 34 25.717.11 3 1260
43+(3) The holder's date of birth, gender,; 1
44+(4) The holder's biological sex, as defined in § 34-25-1.1, listed on the holder's birth 2
45+certificate; 3
46+(5) The holder's principal residence address, an; 4
47+(6) An indication if the licensee is holder: 5
48+(a) Is a donor pursuant to chapter 34-26, an indication if the licensee has; 6
49+(b) Has a living will pursuant to chapter 34-12D or a durable power of attorney 7
50+for health care pursuant to chapter 59-7, an indication if the licensee is; or 8
51+(c) Is a veteran pursuant to the provisions of § 32-12-17.15, a; 9
52+(7) A full facial digital photograph, a of the holder; 10
53+(8) A brief description of the licensee, the licensee's holder; 11
54+(9) The holder's signature, security; 12
55+(10) Security features designed to deter forgery and counterfeiting, to promote an 13
56+adequate level of confidence in the authenticity of the cards, and to facilitate 14
57+detection of fraudulent cards, the; 15
58+(11) The issue date of the license, the or permit; 16
59+(12) The expiration date of the license, an or permit; 17
60+(13) An indication that the license or permit is temporary or limited term, if the holder 18
61+has temporary lawful status in the United States, the; 19
62+(14) The name of this state,; and a 20
63+(15) A security marking approved by the United States Department of Homeland 21
64+Security reflecting the level of compliance with 6 C.F.R. Part 37 as amended 22
65+through (January 1, 2015). 23
66+The department shall indicate upon each license or permit the general class of 24
67+vehicles that the licensee may drive. The back of the license shall or permit must contain 25
68+a barcode. The department shall include in the barcode the name of this state, the 26
69+information printed on the license or permit, the card design revision date indicating the 27
70+most recent change or modification to the visible format of the card, and an indicator if 28
71+the license or permit is temporary or limited term. No barcode, or other means by which 29
72+information may be retrieved electronically, may contain the licensee's social security 30
73+number. 31
74+Section 3. That § 32-12-17.2 be AMENDED: 32
75+32-12-17.2. The Department of Public Safety may issue upon application a 33
76+nondriver identification card, similar in form but distinguishable in color from a driver 34 25.717.10 3 1260
7777 Underscores indicate new language.
7878 Overstrikes indicate deleted language.
79-certificate of birth or another form of evidence of date of birth and identity as allowed by 1
80-§ 32-12-3.1. 2
81-Except as provided in § 32-12-17.16, the fees for a nondriver identification card 3
82-are the same as prescribed for a driver license in § 32-12-16. Each nondriver identification 4
83-card expires on the holder's birthday in the fifth year following the issuance of the 5
84-nondriver identification card, or on the date of expiration of the applicant's authorized stay 6
85-in the United States as determined by the systematic alien verification for entitlements 7
86-system or alternate method approved by the United States Department of Homeland 8
87-Security or, if there is no expiration date, for a period no longer than one year from date 9
88-of issuance, whichever occurs first. Each nondriver identification card is renewable one 10
89-hundred eighty days before its expiration upon application and payment of the required 11
90-fee. Any nondriver identification card renewed before its expiration expires five years after 12
91-the holder's ensuing birthday, or on the date of expiration of the applicant's authorized 13
92-stay in the United States as determined by the systematic alien verification for 14
93-entitlements system or alternate method approved by the United States Department of 15
94-Homeland Security or, if there is no expiration date, for a period no longer than one year 16
95-from date of issuance, whichever occurs first. 17
96-The nondriver identification card must bear an: 18
97-(1) An indication if the holder has: 19
98-(a) Has a living will pursuant to chapter 34-12D or a durable power of attorney 20
99-for health care pursuant to chapter 59-7 and an indication if the holder is; 21
100-or 22
101-(b) Is a veteran pursuant to the provisions of § 32-12-17.15; and 23
102-(2) The holder's sex, as defined in § 34-25-1.1. 24
103-Any nondriver identification card renewed during the thirty-day period following 25
104-the date of expiration expires five years from the holder's previous birthday, or on the 26
105-date of expiration of the applicant's authorized stay in the United States as determined by 27
106-the systematic alien verification for entitlements system or alternate method approved by 28
107-the United States Department of Homeland Security or, if there is no expiration date, for 29
108-a period no longer than one year from date of issuance, whichever occurs first. 30
109-Section 4. That § 34-25-1.1 be AMENDED: 31
110-34-25-1.1. Terms as used in this chapter mean: 32
111-(1) "Authorized representative," an attorney, physician, funeral director, or other 33
112-designated agent acting on behalf of the family; 34 25.717.11 4 1260
79+license, to any resident of this state. Each applicant for a nondriver identification card 1
80+shall, as part of the application, present to the department a certified copy of a birth 2
81+certificate of birth or another form of evidence of date of birth and identity as allowed by 3
82+§ 32-12-3.1. 4
83+Except as provided in § 32-12-17.16, the fees for a nondriver identification card 5
84+are the same as prescribed for a driver license in § 32-12-16. Each nondriver identification 6
85+card expires on the holder's birthday in the fifth year following the issuance of the 7
86+nondriver identification card, or on the date of expiration of the applicant's authorized stay 8
87+in the United States as determined by the systematic alien verification for entitlements 9
88+system or alternate method approved by the United States Department of Homeland 10
89+Security or, if there is no expiration date, for a period no longer than one year from date 11
90+of issuance, whichever occurs first. Each nondriver identification card is renewable one 12
91+hundred eighty days before its expiration upon application and payment of the required 13
92+fee. Any nondriver identification card renewed before its expiration expires five years after 14
93+the holder's ensuing birthday, or on the date of expiration of the applicant's authorized 15
94+stay in the United States as determined by the systematic alien verification for 16
95+entitlements system or alternate method approved by the United States Department of 17
96+Homeland Security or, if there is no expiration date, for a period no longer than one year 18
97+from date of issuance, whichever occurs first. 19
98+The nondriver identification card must bear an: 20
99+(1) An indication if the holder has: 21
100+(a) Has a living will pursuant to chapter 34-12D or a durable power of attorney 22
101+for health care pursuant to chapter 59-7 and an indication if the holder is; 23
102+or 24
103+(b) Is a veteran pursuant to the provisions of § 32-12-17.15; and 25
104+(2) The holder's biological sex, as defined in § 34-25-1.1, listed on the holder's birth 26
105+certificate. 27
106+Any nondriver identification card renewed during the thirty-day period following 28
107+the date of expiration expires five years from the holder's previous birthday, or on the 29
108+date of expiration of the applicant's authorized stay in the United States as determined by 30
109+the systematic alien verification for entitlements system or alternate method approved by 31
110+the United States Department of Homeland Security or, if there is no expiration date, for 32
111+a period no longer than one year from date of issuance, whichever occurs first. 33
112+Section 4. That § 34-25-1.1 be AMENDED: 34 25.717.10 4 1260
113113 Underscores indicate new language.
114114 Overstrikes indicate deleted language.
115-(1A)(2) "Autopsy," the post mortem post-mortem dissection and examination of a dead 1
116-body, including fetal tissue older than twenty-four weeks; 2
117-(2)(3) "Certified copy," a vital record or part thereof issued and sealed by the state 3
118-registrar and other entities as authorized by the department; 4
119-(3)(4) "Dead body," a lifeless human body or parts thereof from the state of which it may 5
120-reasonably be concluded that death recently occurred; 6
121-(4)(5) "Death certificate," a record by means of which both the fact of death record and 7
122-the medical certificate have been completed and filed as required by the 8
123-department; 9
124-(5)(6) "Demographic information," the information required by the state registrar to 10
125-describe characteristics of a registrant, the family of a registrant, and geographic 11
126-locations pertinent to a registrant; 12
127-(6)(7) "Department," the Department of Health; 13
128-(7)(8) "Fact of death information," the information required by the state registrar to 14
129-record the time and place a death occurs and to identify the person who is 15
130-deceased. The term does not include information regarding cause and manner of 16
131-death; 17
132-(8)(9) "Fact of death record," the portion of the death certificate that contains the fact of 18
133-death information and demographic information; 19
134-(10) "Female," an individual who naturally has, had, will have, or would have, but for a 20
135-congenital anomaly or intentional or unintentional disruption, the reproductive 21
136-system that produces, transports, and utilizes eggs for fertilization; 22
137-(9)(11) "Fetal death," death prior to the complete expulsion or extraction from its 23
138-mother of a product of human conception, irrespective of the duration of 24
139-pregnancy. The death is indicated by the fact that after such the expulsion or 25
140-extraction, the fetus does not breathe or show any other evidence of life such as, 26
141-including the beating of the heart, pulsation of the umbilical cord, or definite 27
142-movement of voluntary muscles; 28
143-(10)(12) "Fetus," the biological offspring, including the implanted embryo or unborn 29
144-child, of human parents; 30
145-(11)(13) "Final disposition," the burial, interment, cremation, or other disposition of a 31
146-dead body or fetus; 32
147-(12)(14) "Institution," any establishment, public or private, which that provides in-33
148-patient medical, surgical, or diagnostic care or treatment, or nursing, custodial, or 34 25.717.11 5 1260
115+34-25-1.1. Terms as used in this chapter mean: 1
116+(1) "Authorized representative," an attorney, physician, funeral director, or other 2
117+designated agent acting on behalf of the family; 3
118+(1A)(2) "Autopsy," the post mortem post-mortem dissection and examination of a dead 4
119+body, including fetal tissue older than twenty-four weeks; 5
120+(3) "Biological sex," the physical condition of being female or male, as determined by 6
121+chromosomes and anatomy at birth, or as provided in section 8 of this Act; 7
122+(2)(4) "Certified copy," a vital record or part thereof issued and sealed by the state 8
123+registrar and other entities as authorized by the department; 9
124+(3)(5) "Dead body," a lifeless human body or parts thereof from the state of which it may 10
125+reasonably be concluded that death recently occurred; 11
126+(4)(6) "Death certificate," a record by means of which both the fact of death record and 12
127+the medical certificate have been completed and filed as required by the 13
128+department; 14
129+(5)(7) "Demographic information," the information required by the state registrar to 15
130+describe characteristics of a registrant, the family of a registrant, and geographic 16
131+locations pertinent to a registrant; 17
132+(6)(8) "Department," the Department of Health; 18
133+(7)(9) "Fact of death information," the information required by the state registrar to 19
134+record the time and place a death occurs and to identify the person who is 20
135+deceased. The term does not include information regarding cause and manner of 21
136+death; 22
137+(8)(10) "Fact of death record," the portion of the death certificate that contains the fact 23
138+of death information and demographic information; 24
139+(9)(11) "Fetal death," death prior to the complete expulsion or extraction from its 25
140+mother of a product of human conception, irrespective of the duration of 26
141+pregnancy. The death is indicated by the fact that after such the expulsion or 27
142+extraction, the fetus does not breathe or show any other evidence of life such as, 28
143+including the beating of the heart, pulsation of the umbilical cord, or definite 29
144+movement of voluntary muscles; 30
145+(10)(12) "Fetus," the biological offspring, including the implanted embryo or unborn 31
146+child, of human parents; 32
147+(11)(13) "Final disposition," the burial, interment, cremation, or other disposition of a 33
148+dead body or fetus; 34 25.717.10 5 1260
149149 Underscores indicate new language.
150150 Overstrikes indicate deleted language.
151-domiciliary care to two or more unrelated individuals, or to which persons 1
152-individuals are committed by law; 2
153-(13)(15) "Live birth," the complete expulsion or extraction from its mother of a product 3
154-of human conception, irrespective of the duration of pregnancy, which, after such 4
155-expulsion or extraction, breathes or shows any other evidence of life such as, 5
156-including the beating of the heart, pulsation of the umbilical cord, or definite 6
157-movement of voluntary muscles, whether or not the umbilical cord has been cut or 7
158-the placenta is attached; 8
159-(14)(16) "Medical certificate," the portion of the death certificate that contains the 9
160-information regarding the cause and manner of death.; 10
161-(15)(17) "Male," an individual who naturally has, had, will have, or would have, but for 11
162-a congenital anomaly or intentional or unintentional disruption, the reproductive 12
163-system that produces, transports, and utilizes sperm for fertilization; 13
164-(18) "Sex," an individual's biological sex, either female or male; 14
165-(19) "Vital records," records of birth, death, fetal death, burial, marriage, divorce, and 15
166-data related thereto as entered on forms prescribed by the department; and 16
167-(20) "System of vital Vital registration system," the process by which vital records are 17
168-collected, completed, amended, certified, filed, preserved, and incorporated into 18
169-the official records of the office of vital records, and activities related thereto 19
170-including the tabulation, analysis, and publication of statistical data derived from 20
171-such records; 21
172-(16) "Vital records," records of birth, death, fetal death, burial, marriage, divorce, and 22
173-data related thereto as entered on forms prescribed by the department. 23
174-Section 5. That § 34-25-8 be AMENDED: 24
175-34-25-8. The birth of every child born in this state shall must be registered as 25
176-provided in required by this chapter. Within seven days after the date of each live birth, 26
177-there shall must be filed with the department by electronic means, if a facility has such 27
178-the capabilities, or otherwise if electronic means are not available, a certificate of such 28
179-birth. The certificate shall must be upon the form prescribed by the department and must 29
180-contain the child's: 30
181-(1) Date of birth; 31
182-(2) Place of birth; and 32
183-(3) Sex. 33 25.717.11 6 1260
151+(12)(14) "Institution," any establishment, public or private, which that provides in-1
152+patient medical, surgical, or diagnostic care or treatment, or nursing, custodial, or 2
153+domiciliary care to two or more unrelated individuals, or to which persons 3
154+individuals are committed by law; 4
155+(13)(15) "Live birth," the complete expulsion or extraction from its mother of a product 5
156+of human conception, irrespective of the duration of pregnancy, which, after such 6
157+expulsion or extraction, breathes or shows any other evidence of life such as, 7
158+including the beating of the heart, pulsation of the umbilical cord, or definite 8
159+movement of voluntary muscles, whether or not the umbilical cord has been cut or 9
160+the placenta is attached; 10
161+(14)(16) "Medical certificate," the portion of the death certificate that contains the 11
162+information regarding the cause and manner of death.; 12
163+(15)(17) "Vital records," records of birth, death, fetal death, burial, marriage, divorce, 13
164+and data related thereto as entered on forms prescribed by the department; and 14
165+(18) "System of vital Vital registration system," the process by which vital records are 15
166+collected, completed, amended, certified, filed, preserved, and incorporated into 16
167+the official records of the office of vital records, and activities related thereto 17
168+including the tabulation, analysis, and publication of statistical data derived from 18
169+such records; 19
170+(16) "Vital records," records of birth, death, fetal death, burial, marriage, divorce, and 20
171+data related thereto as entered on forms prescribed by the department. 21
172+Section 5. That § 34-25-8 be AMENDED: 22
173+34-25-8. The birth of every child born in this state shall must be registered as 23
174+provided in required by this chapter. Within seven days after the date of each live birth, 24
175+there shall must be filed with the department by electronic means, if a facility has such 25
176+the capabilities, or otherwise if electronic means are not available, a certificate of such 26
177+birth. The certificate shall must be upon the form prescribed by the department and must 27
178+contain the child's biological sex. For certificates of birth filed after seven days, but within 28
179+one year from the date of birth, the department may, by rules promulgated pursuant to 29
180+chapter 1-26, require additional evidence in support of the facts of birth. 30
181+Informational copies of birth records shall must be available to any person who can 31
182+identify the birth record by providing the name of the person on the birth record, the date 32
183+of birth, the mother's maiden name, or additional information required to locate the 33 25.717.10 6 1260
184184 Underscores indicate new language.
185185 Overstrikes indicate deleted language.
186-For certificates of birth filed after seven days, but within one year from the date of 1
187-birth, the department may, by rules promulgated pursuant to chapter 1-26, require 2
188-additional evidence in support of the facts of birth. 3
189-Informational copies of birth records shall must be available to any person who can 4
190-identify the birth record by providing the name of the person on the birth record, the date 5
191-of birth, the mother's maiden name, or additional information required to locate the 6
192-record. Nothing in this section prohibits the release of information that is contained on a 7
193-birth record which would and does not identify any person individual named in the record. 8
194-If one hundred years have elapsed after the date of birth, the records of the birth 9
195-in the custody of the department shall must become available to the public without 10
196-restriction. The department shall promulgate rules, pursuant to chapter 1-26, to provide 11
197-for the continued safekeeping of these records. 12
198-Section 6. That § 34-25-51 be AMENDED: 13
199-34-25-51. A Except as otherwise provided in this chapter, a vital record may be 14
200-amended in accordance with rules promulgated by the department pursuant to chapter 1-15
201-26. Each request for amending a birth, death, or marriage certificate, after one year from 16
202-the event, shall must be accompanied by an eight dollar eight-dollar fee to the department 17
203-for amending the record and filing the affidavit. 18
204-Section 7. That a NEW SECTION be added to chapter 34-25: 19
205-The date of birth, place of birth, or sex listed on a birth certificate may only be 20
206-amended in the following manners: 21
207-(1) To correct clerical or data errors identified by the health care facility at which the 22
208-child was born. The errors may be corrected at any time upon submission by the 23
209-health care facility of a notarized affidavit, together with supporting 24
210-documentation; 25
211-(2) Upon a finding of a court, by clear and convincing evidence, that the information 26
212-listed on the birth certificate was factually incorrect at the time it was recorded; or 27
213-(3) To correct the sex of a child born with a congenital anomaly, if additional testing is 28
214-required to accurately identify the sex. The sex may be corrected, within one year 29
215-from the date of birth, upon submission by the child's attending physician of a 30
216-notarized affidavit, together with supporting documentation, identifying the child's 31
217-sex as male or female. 32
186+record. Nothing in this section prohibits the release of information that is contained on a 1
187+birth record which would and does not identify any person individual named in the record. 2
188+If one hundred years have elapsed after the date of birth, the records of the birth 3
189+in the custody of the department shall must become available to the public without 4
190+restriction. The department shall promulgate rules, pursuant to chapter 1-26, to provide 5
191+for the continued safekeeping of these records. 6
192+Section 6. That § 34-25-51 be AMENDED: 7
193+34-25-51. A Except as otherwise provided in this chapter, a vital record may be 8
194+amended in accordance with rules promulgated by the department pursuant to chapter 1-9
195+26. Each request for amending a birth, death, or marriage certificate, after one year from 10
196+the event, shall must be accompanied by an eight dollar eight-dollar fee to the department 11
197+for amending the record and filing the affidavit. 12
198+Section 7. That a NEW SECTION be added to chapter 34-25: 13
199+Except as provided in section 8 of this Act, the biological sex listed on a birth 14
200+certificate may only be amended in accordance with a court order upon a finding that the 15
201+individual's biological sex is inaccurate. 16
202+This section does not apply to clerical or data errors identified by the health care 17
203+facility at which the child was born. The errors may be corrected at any time upon 18
204+submission by the health care facility of a notarized affidavit, together with supporting 19
205+documentation. 20
206+Section 8. That a NEW SECTION be added to chapter 34-25: 21
207+If a child is born with a physiological disorder that renders the child's biological sex 22
208+not identifiable at birth as male or female, based upon externally observable reproductive 23
209+anatomy, the attending physician must make a presumptive determination of the child's 24
210+biological sex. That determination may be amended, at any time, based on genetic 25
211+analysis and an evaluation of the child's naturally occurring internal and external 26
212+reproductive anatomy. 27