If they are going to say "gender not specified" but continue to call this individual a woman, why not just legally change the gender marker to female and be done with it?
There are only a few reasons I think have a "gender not specified" marker would be a good idea: intersex babies (let them choose which gender marker, if any, they want later on), androgynes that prefer no gender marker, bigender individuals who also prefer no gender marker, and those transitioning who are in that awkward in between stage.
Otherwise it seems ridiculous, and like Ketsy said, a logic fail.