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Car seat & booster law

Delaware

Verified · OCT 2026

Quick answer · Delaware

A car seat or booster is required until your child is 4'9" tall.

A child under 2 and under 30 pounds rides rear-facing; under 4 and under 40 pounds in a 5-point harness; then a booster until they outgrow it (about 4 feet 9 inches); a seat belt is required through age 15.

Rear-facing < 2 yr Forward per seat Booster Belt
21 Del. C. § 4803 Read the statute

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The legally required restraint, by state.

3 yrs

General information, not legal advice.

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Required vs recommended

What the law enforces, and what pediatricians advise. They are not the same.

The law requires

Minimum, or it's enforceable

Rear-facing until
Age 2
Booster until
4'9"
Front seat
Airbag limits apply

Pediatricians recommend

AAP: safer, not the law

Rear-facing until
To seat limit (often age 2+)
Booster until
4'9", typically age 8 to 12
Front seat
Back seat until 13

AAP guidance is a safety best practice and is separate from Delaware's legal minimum. Delaware already ties the booster stage to the seat's manufacturer limit, which lines up well with the recommendations.

Every stage, by the law

Dual units shown throughout (in + cm, lb + kg). Rows marked Guidance are best practice, not a statutory requirement in Delaware.

Rear-facing 21 Del. C. § 4803
Age
Birth – 2 yr
Weight
or 30 lb / 14 kg
Forward-facing Guidance
Age
Toddler (per seat)
Booster Guidance
Age
—
Height
< 4'9" / 145 cm
Seat belt Guidance
Age
—
Height
or ≥ 4'9" / 145 cm
Back seat / front seat Guidance
Age
Recommended < 13

Frequently asked questions

What is the car seat law in Delaware in 2026?
A child under 2 and under 30 pounds rides rear-facing; under 4 and under 40 pounds in a 5-point harness; then a booster until they outgrow it (about 4 feet 9 inches); a seat belt is required through age 15.
Is the Delaware car seat law changing?
No. As of October 6, 2026, when SeatChecker last checked the statute, no enacted change to the Delaware car seat law is scheduled. Current law: A child under 2 and under 30 pounds rides rear-facing; under 4 and under 40 pounds in a 5-point harness; then a booster until they outgrow it (about 4 feet 9 inches); a seat belt is required through age 15.
What age can a child sit in the front seat in Delaware?
Delaware law sets no general back-seat age, but it does limit who can ride in the front seat. Delaware does not require a general back-seat placement, but a child who is 5 feet 5 inches or shorter and under 12 may not sit in front of an active passenger airbag. The child restraint rules still apply: a car seat or booster is required until 4'9". The American Academy of Pediatrics recommends the back seat for all children under 13. That is best practice, not a legal requirement in Delaware.
When can my child stop using a booster in Delaware?
When the child reaches the booster seat's upper height or weight limit set by the manufacturer, commonly around 4 feet 9 inches. Delaware does not set a fixed booster age.
Until what age does my child have to ride rear-facing in Delaware?
In Delaware a child must ride rear-facing until they are 2 years old, and the law also ties this to weight: a child under 2 and less than 30 pounds must be in a rear-facing child restraint with a 5-point harness.
What is the fine for a car seat violation in Delaware?
A second or subsequent violation is punishable by a fine of $25 for each violation. Delaware's statute does not list a separate first-offense dollar amount.

Sources

Verified · OCT 2026

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