Women who've had a hysterectomy still have ovaries. You need to suggest a ovectomy (??? is that the right word??), but even then you can still harvest eggs.
The potential is there.
But, as we rack our brains for some kind of exception, we are simply emphasizing the rule: in the vast majority of cases, a male and female are potentially reproductive.
Jack and Jake are never potentially reproductive.
There maybe cloning techniques that make this possible in the future. We need to be ready to deal with those who will argue in favor of invoking the technique. But this also illustrates our common ground: the state has no business playing God, using its power to redefine what it means to be human.
We'd best be very careful where this is all going. We might engineer ourselves out of existence.