If you want to fine-tune so that you are inclusive of all 8.5 billion people that live today, go ahead. Then every single law on the books must likewise be written to account for 8.5 billion people and their uniqueness to the human race.
It is unfortunate that some people are born the way they are, but we cannot allow them to compete without driving women out of sports altogether, which is the intent of the transgender community. The transgender community hates women, for being women, and they feel the need to absolutely beat women to pulps to teach them a lesson for being a woman. In contacts they make the effort to make women pay.
I get what you are saying, but there is no measure beyond their status at birth that can work.
You do have to fine tune it. We are seeing an example now. It usually comes up with runners like Semenya . She did a lot of legal fighting but has to follow the testosterone level requirement.