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New resolution mandates that children and adolescents occupy seats contiguous to family members, without additional charge for booking conventional seats
The National Civil Aviation Agency (Anac) has published a new rule for the air transport of children and adolescents.
Passengers under 16 years old must be seated next to their guardians or family members, without additional charge for seat booking.
The mandate is provided in Resolution No. 807/2026, published in an extra edition of the Official Gazette of the Union on July 8, 2026.
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Airlines charging for joint seating in conventional seats may face administrative penalties.
Under 16s will have the right to contiguous seats
The new resolution establishes that children and adolescents be placed in seats contiguous to those of their guardians or family members.
Joint seating must be offered without additional charge for the minor’s seat booking.
The right applies from the moment of purchasing the airline ticket.
Subsequent changes to the reservation must also preserve the minor passenger’s seating next to the companion.
A change made by the company or the client does not eliminate the obligation provided by Anac.
Airlines cannot charge for conventional seat booking
The free service will apply to conventional seats offered by airlines.
No fee can be charged solely for the minor under 16 to travel next to the guardian.
The company must ensure an option for joint seating during the purchase or reorganization of the reservation.
Failure to comply with the mandate may be classified as an administrative infraction.
Airlines will be subject to the penalties provided by Anac regulations.
Seats with additional advantages may continue to be charged
The resolution establishes exceptions for seats that offer extra benefits.
Passengers who choose seats with additional advantages may normally pay for the service.
The options that remain subject to charges include:
- Seats with more legroom;
- Seats with additional services or benefits;
- Upgrades to higher travel classes.
The charge, in these cases, will be related to the additional service chosen by the passenger.
The value cannot be associated exclusively with the right of the minor to remain next to the guardian.
The company must provide a conventional free alternative that allows joint accommodation.
Anac rule had already been anticipated in 2023
The discussion about the accommodation of children and adolescents next to their guardians began before the new resolution.
An ordinance published by Anac in November 2023 already anticipated this right.
The measure still needed to be regulated with clear rules on inspection and punishment.
The publication of Resolution No. 807/2026 formalized the obligation and defined the possibility of applying penalties.
The new text also temporarily complies with a decision of the 8th Federal Court of the Federal District Judicial Section.
The judicial decision was issued on April 23, 2021.
Changes in reservation must also preserve the right
Changes in schedule, aircraft, or seat organization may modify the initial arrangement of passengers.
The airline must reorganize the seats and keep the minor close to the guardian in these situations.
The obligation remains valid even when the change occurs after the ticket is issued.
The company cannot use the reservation change as a justification to separate the minor from the companion.
The accommodation must be redone without additional charge, provided conventional seats are used.
Inspection may lead to penalties for companies
The new regulation allows Anac to inspect and penalize airlines that do not comply with the determination.
Improper charges for seat selection may be analyzed by the agency.
Cases where a minor is placed far from the guardian may also result in administrative sanctions.
Resolution No. 807/2026 came into effect after publication in the Official Gazette of the Union, on July 8, 2026.
Airlines must adapt their sales, booking, and reservation change systems to the new obligation.
Nominal sources: National Civil Aviation Agency, Official Gazette of the Union, and 8th Federal Court of the Federal District Judicial Section.
Do you believe that the new rule will be sufficient to prevent improper charges and ensure that minors under 16 travel next to their guardians? Leave your opinion!
