You're simply failing to grasp the value of the simplicity, compatibility, and portability of POSIX/*nix. Inventing yet another way to create a process would be complex and break things. It's a-la-carte to enable configuration after fork of the new CoW or non-CoW process but before exec (unless vfork or similar were used). This is the model.

If you want to greenfield re-engineer the world with all new system calls and a totally different execution model, feel free to go right ahead.

"The reasonable man adapts himself to POSIX: the unreasonable one persists in trying to adapt the POSIX to himself. Therefore all progress depends on the unreasonable man."

― George Bernard Shaw, probably.