Abstract: Abortion is the expulsion of a fetus from the uterus before it has reached the stage of viability. In the case of finding an unknown babys body in an improper place, it is very important to know whether the baby has breathed after birth or not. This will affect the type of charge against the suspect, wether it is abortion case or infanticide. The ability to breathe the fetus after birth is influenced by viability where one of the criteria is the age of the fetus in the uterus. In Indonesia, the fetus is considered viable if the fetus is over 28 weeks old, but in the UK it is now using the limit of 24 week above. Illegal abortion is always followed by concealing the birth by burying, hiding or removing the babys body. The babys body was found floating on the beach with the umbilical cord still intact. At the examination, the decomposition process was found and no clear signs of violence were found. Anthropometric measurements of the baby were body weight 850 g, body length 34 cm and head circumference 30 cm. The examination of lung indicated that the lung was never expanded. lung float test was negative. From the results of the examination, it was concluded that the victim was not breathing since birth because the fetus was not yet viable at birth.