The federal government is seeking to prohibit airlines from charging parents extra to sit next to their children on flights, as part of its effort to tackle what it calls “junk fees” across industries.
If adjacent family seats—defined as seats next to each other in the same row and not separated by an aisle—aren’t available when a parent books a flight, airlines must allow families to choose between getting a full refund or waiting to see if a seat opens up.
If no seats are available before other passengers begin boarding, airlines will have to offer families the option to rebook for free on the next flight with available adjacent seating.
Airlines that fail to comply with the fee-free family seating requirements would face a fine, with each instance of a child not seated next to a parent being considered a separate violation.
If implemented, the rule could save a family of four as much as $200 per round trip, according to the DOT.
It is crucial for children who are too young to fasten their own seatbelts or feed themselves to be seated next to a parent, the DOT noted. However, parents who don’t want to pay extra for that often find themselves pleading with other passengers to switch seats. Those who choose not to forfeit their seats may end up next to an unsupervised child, causing stress for the child, parent, flight staff, and other travelers.
During his 2023 State of the Union address, President Joe Biden called on Congress to ban family seating fees and other “junk fees.” Transportation Secretary Pete Buttigieg then urged the nation’s 10 largest airlines to voluntarily eliminate those fees.
Four carriers—Alaska, American, Frontier, and JetBlue—responded to the call and abolished fees for family seat selection in line with the DOT’s new proposed rule. United Airlines also allows free family seating, although it caps the age at 12 rather than 13.
“Many airlines still don’t guarantee family seating, which means parents wonder if they'll have to pay extra just to be seated with their young child,” Buttigieg said in a statement. “Flying with children is already complicated enough without having to worry about that.”
The rule in question requires airlines to automatically issue cash refunds for canceled or delayed flights and to disclose fees for baggage or cancellations more clearly when advertising flight prices. Six carriers, including American, Delta, and United, sued in May to block the rule, arguing that it would overwhelm and confuse their customers by giving them too much information.
On July 29, a three-judge panel on the Fifth U.S. Circuit Court of Appeals found the rule “likely exceeds” the agency’s authority, granting a request by airlines to put it on hold while their lawsuit proceeds.
