The Biden administration has proposed a new rule aimed at ensuring families can sit together while flying.

Under this proposal, airlines would be banned from charging families fees to sit together.

The U.S. Department of Transportation announced that airlines must provide free seating for parents or accompanying adults next to young children when available at the time of booking.

Additionally, airlines would need to offer refunds or free rebooking if they are unable to seat families together.

This initiative follows a prolonged effort by the DOT to eliminate fees for families wishing to sit together, aligning with the Biden administration's broader fight against what are termed 'junk fees' imposed on consumers.

"Numerous airlines still fail to guarantee family seating, leaving parents concerned about whether they'll incur extra charges just to sit with their young children. Traveling with kids is already challenging without that added worry," said Transportation Secretary Pete Buttigieg in a statement on Thursday regarding the proposed rule.

An overview of how the family seating rule would be implemented

It's important to note that this rule is not finalized — it remains a proposal for now.

However, if it is ultimately approved, it could significantly impact families traveling together.

Key elements of the proposed rule include:

• Airlines would be prohibited from charging fees to assign seats for children aged 13 or younger next to a parent or guardian.
• Airlines must seat parents with their young children at no cost within 48 hours of booking when adjacent seating is available.
• "Adjacent" refers to seats next to one another within the same row, not separated by an aisle.
• Airlines are required to provide adjacent seating in all service classes, including basic economy.
• If adjacent seating for multiple young children is unachievable, airlines must seat them directly across the aisle or directly in front of or behind their accompanying adult.
• Carriers must offer a mandated refund, free rebooking, or other accommodations when adjacent seating isn't available. If seats aren't available at booking, airlines must give customers the option of a full refund or waiting for adjacent seats to become available, with a free rebooking if not.
• Airlines need to clearly inform passengers of their right to fee-free family seating through their booking platforms.
• Violations could lead to penalties for airlines, with each young child not seated next to a parent or guardian counting as a separate violation.

In a statement to TPG on Thursday, Airlines for America, representing several major U.S. carriers, emphasized that its member airlines "strive to accommodate customers traveling together, particularly families with children."

"Each airline has its own set of policies," the group stated. "All of them work diligently to ensure families can sit together."

A broader initiative for family seating

This proposed rule by the DOT follows years of persistent advocacy from the agency to encourage airlines to relax their seat assignment policies for families.

During his 2023 State of the Union address, President Joe Biden criticized seat assignment fees.

"We will stop airlines from charging $50 round-trip just for a family to sit together," Biden stated in his address on February 7, 2023. "Baggage fees are already excessive. Airlines shouldn't treat your child like luggage."

In early 2023, the DOT introduced a family seating section to its Airline Customer Service Dashboard, which assesses which U.S. airlines provide free adjacent seating for children 13 and younger alongside an adult.

Only four U.S. airlines — Alaska Airlines, American Airlines, Frontier Airlines, and JetBlue — currently fulfill the DOT's criteria.

Despite not meeting the DOT's standards, several airlines claim they do accommodate families.

Delta Air Lines, for instance, states that it "works to seat family members together when requested" and advises parents who can't secure adjacent seats via the app or website to contact reservations to explore available options.

Last year, United Airlines introduced a dynamic seat map feature that automatically searches for adjacent seating for families, even for those flying on restrictive basic economy tickets. The Chicago-based airline also offers free rebooking if it can't accommodate families.

Additional rules in development

The Biden administration's recent proposal for family seating on commercial flights follows closely on the heels of a federal appeals court setback regarding a final rule issued in April, which would mandate airlines to disclose add-on charges more transparently upfront.

In 2023, the DOT also proposed a rule requiring airlines to provide extra compensation to passengers beyond existing requirements in cases of cancellations or significant delays under the airline's control. This measure, still awaiting finalization, aims to align DOT policy more closely with the consumer protections established in the European Union under the EU 261 law.