[ck2]

there are many types of DSD (aka intersex)

one type most definitely would "fail" SRY test

yet they can give birth using donated egg, IVF, etc.

nature makes many variations, it's not exact, it's not binary

there is common and less common and that's why it's messy

A different approach would have been to accommodate the less common

But they purposely decided not to do that because that's the opposite of their goals