@gdinwiddie It goes even further than that.
At conception, a zygote is undifferentiated. It doesn't have any organs. It's not even an embryo yet – that won't happen until the placenta forms and separates away.
Even then, the sexual organs that the embryo develop are highly dependent on the hormonal environment – its own genes contribute to that, naturally, but environmental shocks can prevent sexual organs developing properly. This mostly happens in XY-genes, so the testes won't drop or even form properly.
And let's not get into "abnormal" chromosome combinations beyond the standard XX/XY.
The EO, as written, is garbage both in concept and implementation.
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