Most probably yes. What you say is correct, but take into account that different genetic anomalies lead to intersex people with different characteristics, so that’s something that needs investigation. Surely they fit neither into male not into female categories, but furthermore they maybe not fit into a single intersex category either.
As for now though, basically for political reasons related to gender labeling, we have the current highly unfair situation.
It surely is a far better solution compared to the current approach.