Property acquired in common shall be divided between the former spouses in equal shares. If both spouses upon entering into marriage did not have knowledge that the marriage shall be declared annulled, or this was not known by one of them, the property acquired in common shall be divided according to the provisions regarding the division of lawfully acquired property in marriage: in the first case - in relation to both former spouses, and in the second case - in relation to the spouse who did not have knowledge that the marriage shall be declared annulled.
Marriage creates a duty on the part of a husband and a wife to be faithful to each other, to live together, to take care of each other and to jointly ensure the welfare of their family. Both spouses have equal rights in regards to the organisation of family life.
In the event of differences of opinion, spouses shall endeavour to reach an agreement. Spouses may apply to the court for the resolution of a dispute. Upon entering into marriage, the spouses, pursuant to their wish, may select the premarital surname of one of the spouses as their common surname. During marriage, each spouse may retain his or her premarital surname and not assume a common marital surname.
Upon entering into marriage, one of the spouses may add to his or her surname the surname of the other spouse, except in cases where one of the spouses already has a double surname, or also the spouses may make a joint double surname from the premarital surnames of both spouses.
Independently of their property relations, spouses have the right, within the domain of household financial matters, to act on behalf of each other. Transactions entered into by a spouse within the domain of such matters shall be deemed to also have been made in the name of the other spouse unless it is otherwise apparent from the circumstances. If there is good cause, one spouse may restrict or deprive the other spouse of this right, but such restriction or deprivation shall be in effect against third persons only if they have been notified of it, or if it has been recorded in the Spousal Property Relations Register Section Each spouse, regardless of the form of property relations of the spouses, has the right, on the basis of general principles, to act independently regarding their property in the event of death.
Each spouse retains the property which belonged to him or her before the marriage, as well as the property he or she acquires during the marriage as a separate property. Everything acquired during the marriage by the spouses together, or by one of them, but from the resources of both spouses, or with the assistance of the actions of the other spouse, is the joint property of both spouses; in case of uncertainty, it shall be presumed that such property belongs equally to both spouses.
If, during the marriage, some valuable property belonging to a spouse is replaced by other property, the latter is the property of such spouse. Throughout the time the marriage subsists, each spouse has the right to administer and use all of his or her own property that he or she owned before the marriage, as well as that acquired during the marriage. The spouses shall jointly administer and act in regard to the joint property of both spouses Section 89, Paragraph two , but upon both spouses agreeing it may also be administered by one of them.
Any acts regarding such property by one of the spouses shall require the consent of the other spouse. In the interests of third persons, it shall be presumed that such consent has been given, except for cases where the third person knew or ought to have known that there was no consent given, or where the property regarding which a spouse has acted is such that it manifestly belongs to the other spouse.
The burden of establishing that certain property is separate shall lie upon the spouse who asserts such. The fact that immovable property is the separate property of one spouse shall be recorded in the Land Register. A spouse may assign his or her property or his or her share of the joint property of the spouses to be administered by the other spouse who shall preserve and protect such property with all of his or her resources.
If the joint immovable property of the spouses is recorded in the Land Register in the name of one of the spouses, it is presumed that the other spouse has assigned his or her share in such property to be administered by him or her.
If a spouse manages buildings belonging to the other spouse, he or she shall not only carry out the repairs required, but also make improvements to the extent income from the property of the other spouse permits. The immovable property of a spouse may be leased or rented by the other spouse for a term not exceeding three years and without recording the contract in the Land Register. In order that a spouse, whose administration the valuable property of the other spouse is subject to, may so act that he or she exceeds the normal limits set for administration, the spouse must obtain the consent of the other spouse.
Both spouses have a duty to cover the family and joint household expenses out of the joint property of the spouses. If the joint property of the spouses is insufficient to support the family, each spouse may require that the other spouse share the family and joint household expenses commensurately to his or her own separate financial state.
If spouses live separately, a spouse, if necessary, may claim means from the other spouse commensurate with his or her property state for the ensuring of a previous level of welfare. For obligations that the spouses jointly have entered into for family or joint domestic financial needs, they shall be held liable to the extent of their joint property, and each to the extent of their separate property, if the joint property does not suffice.
For obligations regarding family or joint domestic financial needs that have been entered into by one of the spouses, such spouse shall be held liable to the extent of his or her property if the joint property of the spouses does not suffice. For these obligations, the other spouse shall be held liable to the extent of his or her property only if the consideration pursuant to such obligations has been used for family and joint household needs.
For obligations arising from the wrongful acts of one spouse, such a spouse shall be held liable, firstly, to the extent of his or her separate property, but, if that does not suffice, to the extent of his or her share in the joint property of the spouses.
In respect of obligations which a spouse has entered into on his or her own account or without the consent of the other spouse, such spouse shall be held liable, firstly, to the extent of his or her separate property, but if that does not suffice, to the extent of his or her share in the joint property of the spouses. In respect of wrongful self-enrichment related to obligations entered into by one spouse the other spouse shall be liable on a general basis. The property of one spouse shall not be applied to satisfy the obligations of the other spouse.
If, in respect of the debts of one of the spouses, recovery proceedings are brought against the separate property of the other spouse, the other spouse may request that such property be released from the recovery proceedings. If, in respect of the debts of one of the spouses, recovery proceedings are brought against the joint property of the spouses, the other spouse may request that such property be divided and his or her share be released from the recovery proceedings.
If one spouse, while administering the property of the other spouse, has made necessary expenditures from his or her own property, then only upon the termination of such administration may he or she request from the other spouse reimbursement of these expenditures to the extent he or she himself or herself are not required to cover them.
When the rights of administration of one spouse are terminated, all of the property of the other spouse shall be returned to him or her together with all augmentations thereto as may have taken place during the marriage, including also property acquired in place of that damaged or destroyed. Fungible property shall be given back in equal kind and quality.
The settlement of accounts regarding property between the spouses themselves, upon the cessation of administration by one spouse, shall not deprive the creditors of the spouses of their rights. The rights acquired by third persons shall remain in effect.
If the legal property relations of the spouses is terminated with the death of one of the spouses, then after the splitting off of the share of the surviving spouse, the share of the deceased spouse shall pass to his or her heirs.
In dividing the joint property of the spouses, the whole of the property of the spouses, which is not recognised as the separate property of one of the spouses shall be taken into account - movable and immovable property with all appurtenances, as well as the claims and obligation of the spouses. The joint property of the spouses shall be divided on the basis of the general provisions of the procedures for the division of an estate Section and subsequent sections. If in an existing marriage the joint property of the spouses has been divided, to their property relations shall be applied the provisions regarding the separation of all of property of the spouses Section and subsequent sections.
Contracts and court judgments shall acquire binding effect against third persons after the recording thereof in the Spousal Property Relations Register, but regarding immoveable property - after the recording thereof in the Land Register. The division of spousal property shall not take away the rights of the creditors of the spouses. A dowry, which, in the event of marriage, parents, kin or other persons have endowed a woman, shall be the property of the wife even if it has been given to the husband.
For a promise to give as a dowry movable property more than euro in value or immovable property to be binding, it must be expressed in writing. Fulfilment of a promise of dowry may be claimed by the wife herself or, on her behalf, by the husband; in addition, the right to bring an action for provision of the dowry is prescribed two years after the entering into of the marriage or the day specified for the provision of the dowry.
A dowry may not be claimed if the marriage has been entered into without the knowledge or assent of the person who has promised the dowry. Rights which are based on the promise of a dowry may not be assigned to a third person; these rights may devolve, by way of inheritance, only to the children of that marriage for the entering into of which the promise of dowry was given, and to the husband who has been left with the children.
The spouses may establish, alter or terminate their property rights in a marriage contract before marrying as well as during marriage. If any of the persons to be married are under guardianship, he or she shall enter into a marriage contract with the consent of his or her parents or guardians.
If any of the persons to be married or spouses have restricted capacity to act, he or she shall enter into a marriage contract himself or herself to such amount in which a court has not restricted his or her capacity to act, but in the rest part - upon consent of the guardian.
If a person, whose capacity to act is restricted, cannot act independently and a person to be married or spouse is also his or her guardian at the same time, the Orphan's and Custody Court shall decide on entering into a marriage contract. Marriage contracts, which contain instructions in the event of death, are subject to the general provisions regarding inheritance contracts.
The parties to a marriage contract may not be replaced by authorised representatives. Such contracts shall be entered into in accordance with notarial procedures, in the personal presence at the same time of both persons to be married or of both spouses. If the person to be married is a minor, such contracts shall be entered into also at the presence of his or her lawful representative. For marriage contracts to have binding effect as against third persons, they shall be registered in the Spousal Property Relations Register and in respect of immovable property, also in the Land Register.
The provisions of a marriage contract that limit the rights acquired by third persons in respect of marital property, shall not be binding upon such third person. In a marriage contract, the parties entering into it may, in place of lawful property relations of the spouses 89 and subsequent Sections , stipulate separate ownership and subsequent Sections or joint ownership and subsequent Sections of all property of the spouses.
Separate Ownership of all Property of the Spouses. If a marriage contract provides for the separate ownership of all the property of the spouses, each of the spouses not only retains the property which belonged to him or her prior to the marriage, but also, during the time of the marriage, may independently acquire, use and act in regard to it independently of the other spouse.
A spouse may not administer, use or in any other way act regarding the property of the other spouse without his or her consent. A spouse, whose property the other spouse is administering, may require an accounting from him or her. Any prior waiver of the right to revoke administration or to require an accounting is void.
A spouse who administers the property of the other spouse shall be liable for the losses that have arisen from his or her gross negligence. From the time when one spouse has given notice to the other spouse that he or she will henceforth administer his or her property, as well as when, generally, a duty for a spouse to return property arises, the latter is liable in accordance with provisions applicable generally. Each spouse shall share family and joint domestic financial expenses commensurately with his or her financial state.
Each spouse shall be liable for his or her own debts to the extent of his or her own property. If one spouse disposes of or pledges the movable property of the other spouse, the person who has received such shall be acknowledged as having acquired that property or pledge in good faith, if he or she did not know or ought not to have known that the property was that of the other spouse or of both spouses and that it had been disposed of or pledged contrary to the volition of the other spouse.
When, during the marriage, the separate ownership of all the property of the spouses has been terminated and the spouses do not provide for joint ownership of property in its place in a contract, Section 89 and subsequent Sections are applicable. Joint Ownership of the Property of the Spouses.
If the marriage contract provides for joint ownership of the property of the spouses, the property which has belonged to them prior to marriage, as well as the property which has been acquired during the marriage, except for their separate property Section , shall be combined in one joint, indivisible whole which, during the duration of the marriage, shall not belong to either of the spouses as separate parts.
In the marriage contract, when providing for the joint ownership of their property, the spouses shall agree which of them shall be the administrator of the property in joint ownership the husband, the wife or both jointly. If the administrator of the property in joint ownership is one of the spouses, such spouse may, subject to the limitations set out in Section , use the property without accounting therefor and act with the property in his or her own name, and it is his or her duty to cover family and joint domestic financial expenses.
If the spouse, who administers the property in joint ownership, due to illness or absence is not able to enter into a transaction, which pertains to property, which forms a part of the joint whole, or of conducting court proceedings pertaining to this property, the other spouse may replace him or her, if delay is risky. If the spouse who is administering the joint property finds that a transaction entered into by the other spouse has harmed those property interests which are part of the joint property, he or she may, within a one year period from the day when he or she became aware of it, contest it.
In such a case, he or she must prove that the other spouse did not have grounds as mentioned in the second part of this Section to replace him or her. During the joint ownership of the property of the spouses, the property shall not be included therein which the spouses have specified in a marriage contract as the separate property of each spouse.
Each of the spouses may act independently regarding their separate property. Each of the spouses shall, with his or her separate property, proportionally participate in meeting the family and joint domestic financial expenses, to the extent that the property in joint ownership does not cover them. The fact that immovable property rights or rights respecting things are included in the joint property shall be entered in the Land Register. Each of the spouses may request that such immovable property rights or rights respecting things which are included in the joint ownership of the property of the spouses be entered in the Land Register in the names of both spouses.
The alienating, mortgaging or encumbering with property rights of immovable property included in the joint property, where done by one spouse, shall require the consent of the other spouse. The consent of the other spouse is also required for a gift of movable property included in property in joint ownership, if the amount of such gift exceeds that of an ordinary, small gift size.
A spouse shall be liable to the extent of his or her separate property, but if that is insufficient, also property included in joint property:. A spouse shall also be liable to the extent of his or her separate property for the debts of the other spouse on behalf of the family and joint domestic finances, but only if property included in joint property and the separate property of the other spouse are insufficient.
A spouse shall be liable to the extent of his or her separate property only for obligations arising from an inheritance accepted by the spouse without the consent of the other spouse. The provisions regarding wrongful self-enrichment are applicable if, in connection with the obligations set out in this Section, property included in the joint property has increased in value.
For obligations, which have arisen from the wrongful acts of one spouse, the liability of the spouse extends to his or her separate property, but extends to property which forms a part of the joint property only when the separate property of the liable spouse is insufficient. The joint ownership of the property of the spouses provided for by a marriage contract is terminated:. The spouse who is not administering the property may request the court to terminate the joint ownership of property if:.
The spouse who is administering the property may request the termination of the joint ownership of property if debts of the other spouse exceed the value of his or her separate property. The joint ownership of the property of the spouses is terminated from the moment when one of them has died or there has been an entry made in the Spousal Property Relations Register in respect of the termination of joint ownership of property.
The termination of the joint ownership of the property of the spouses shall not divest the creditors of the spouses of their rights. If the joint ownership of the property of the spouses Section has been terminated by the death of one of the spouses, then, after the payment of the debts to which this property is subject, half of the property included in the joint property remains the property of the surviving spouse, but the other half devolves to the heirs of the deceased.
A different division of property may be provided for by a marriage contract. Persons entitled to preferential shares, whose rights are affected by such a contract, may contest it. If one of the spouses has died, the surviving spouse shall be personally liable for all the debts against property included in the joint property independently of the liability of the heirs of the deceased spouse, on the basis of general principles.
The surviving spouse may limit his or her liability regarding the debts associated with the property mentioned to that which he or she has received as an inheritance from the deceased spouse, in compliance with the provisions for the acceptance of an inheritance with rights of inventory. Where the joint ownership of the property of the spouses is terminated while the spouses are alive, after debts have been discharged, any remaining property shall be divided equally between the spouses, if the marriage contract does not provide otherwise.
A spouse has a duty to reimburse what he or she, from the property included in the joint property, has spent for the benefit of his or her separate property. If one of the spouses has made expenditures out of his or her separate property for the benefit of the property included in the joint property, then he or she may already during the time of marriage require repayment for such expenditure from the property included in the joint property.
Where, during the marriage, the spouses voluntarily terminate the joint ownership of the property of the spouses and in its place, in the marriage contract, provide for the separation of all marital property, Section 89 and Sections subsequent thereto shall apply. The property relations of spouses provided for in marriage contracts, to the extent that they are required to be in effect as against third persons, as well as other information required by law shall be registered in the Spousal Property Relations Register.
Registrations in the Register shall be made on the basis of the request of one or both spouses, certified pursuant to the applicable procedure, or court judgment. Contracts, judgments, decisions, and notices that pertain to the property relations of the spouses shall be registered in the Register.
Extracts of registrations in the Spousal Property Relations Register shall, without delay, be published for information in the official newspaper and notices regarding immovable property shall be given to the Land Registry Office for registration in the Land Register. As the father of the child who is born to a woman during marriage or not later than days thereafter if the marriage has ended due to the death of the husband, the divorce, or the declaration of the marriage as annulled, shall be considered to be the husband of the mother of the child paternity presumption.
A child who is born to a woman not later than days after termination of a marriage, shall, if the woman has already remarried, be considered born of the new marriage. In such cases, the former husband or his parents have the right to contest the filiation of the child Section Filiation of the child from the father who is in marriage or has been in marriage with the mother of the child shall be certified by a record in the marriage register.
Paternity presumption shall not be in force if paternity has been acknowledged in accordance with the procedures laid down in Section , Paragraph eight. The paternity presumption may be contested in court. Contestation of the paternity presumption shall be commensurable with the right of the child to identity and stable family environment.
The husband of the mother of a child may contest the paternity presumption within a two-year period from the day when he found out that he is not the natural father of the child. The child himself or herself may contest the paternity presumption within two years after reaching age of majority.
The parents of a husband may contest the paternity presumption within the period provided for in Paragraph one of this Section, if the husband until the moment of his death did not know of the birth of the child. A person, who considers himself as the natural father of the child, except the case when the child is conceived as a result of criminal offence against morality and sexual offence, has the right to contest the paternity presumption within two years from the day of the birth of the child in the following cases:.
The right to contest the filiation of a child is personal. It does not pass to the heirs of the deceased, but his or her claim brought before a court may be continued by the heirs. If a court satisfies a claim with which the paternity presumption is contested, a record regarding the father in the Birth Register shall be acknowledged as null and void from the day it was made.
The surname of a child shall be determined by the surname of the parents. If the parents have different surnames, the child shall be given either the surname of the father or of the mother, in accordance with the agreement of the parents. If parents cannot reach agreement regarding the surname of a child, it shall be determined according to the decision of the Orphan's and Custody Court.
If the filiation of a child from the father cannot be determined in conformity with the provisions of Section of this Law or a court has acknowledged that the child has not been born of his or her mother's husband, the filiation of the child from the father shall be based upon the voluntary acknowledgement of paternity or by the determination thereof by a court proceeding. Acknowledgement of paternity shall occur when the father and mother of a child personally submit a joint application to the General Registry Office or an application addressed to the General Registry Office on which the authenticity of signature of submitters is notarially certified.
The acknowledgement of paternity shall be officially registered by an entry in the Birth Register. An application for recognition of paternity may be submitted when the birth of a child is registered, as well as after the registration of the birth of the child, or already prior to the birth of the child. If the mother of the child has died or her whereabouts are unknown, an application for recognition of paternity may be submitted by the father of the child alone.
If the child is a minor, the consent of the guardian of the child is required or of an Orphan's and Custody Court if a guardianship has not been established for the child. The father of a child who has not reached the age of majority may submit an application for the recognition of paternity of the child with the consent of his parents or his guardian. Recognition of paternity requires the consent of the child if he or she has reached twelve years of age.
Paternity may be acknowledge also in the case, if the mother of the child, husband of the mother of the child or former husband of the mother of the child or natural father of the child personally submit a joint application to the General Registry Office or an application addressed to the General Registry Office on which the authenticity of signature of submitters is notarially certified.
A court may declare an acknowledgement of paternity null and void only if a person who has acknowledged that a child is his cannot be the natural father of the child and he has recognised the child as his as a result of mistake, fraud or duress. Paternity may be contested by the person who has acknowledged paternity, or by the mother of the child within two years calculated from the day when they have found out about the circumstances that preclude paternity.
A person, who considers himself as the natural father of the child, except the case when the child is conceived as a result of criminal offence against morality and sexual offence, may contest acknowledgment of paternity within two years from the day of the birth of the child. The child himself or herself may contest the acknowledgement of paternity after reaching age of majority within two years calculated from the day when he or she has found out about the circumstances that preclude paternity.
Contesting of acknowledgment of paternity shall be commensurate to the right of a child to identity and stable family environment. The right to contest the acknowledgement of paternity is personal. A court shall determine paternity if a joint application has not been submitted to the General Registry Office regarding the acknowledgement of paternity or the impediments indicated in Section of this Law exist for the making of a record of paternity in the Birth Register.
In examining a claim for the determination of paternity, a court shall take into account any evidence, with which it is possible to prove that a specific person is the parent of the child or to preclude such fact. A claim for the determination of paternity by a court may be submitted by the mother of the child or the guardian of the child, or the child himself or herself after reaching age of majority, as well as the person who considers himself the natural father of the child.
If a person from whom the child is descended has died, the mother of the child or the guardian of the child, and the child himself or herself after reaching age of majority may claim by a court proceeding the determination of the fact of paternity. Paternity that has been determined by a court judgment that has come into legal effect may not be disputed.
If the father of the child voluntarily acknowledges paternity, the surname of a child, also after the registration of the child, shall be determined in conformity with the provisions of Section of this Law. If the paternity has been determined by a court proceeding or also a court has satisfied a claim of contested paternity, the surname of the child shall be determined by the court taking into account the interests of the child.
A minor child may be adopted if prior to the approval of the adoption he or she has been in the care and supervision of the adopter and the mutual suitability of the child and adopter has been determined, as well as there is a basis for considering that as a result of the adoption between the adopter and the adoptee shall be established a true child and parent relationship.
A child may be given under care of the adopter by a decision of the Orphan's and Custody Court for a time period up to six months in accordance with the adoption procedures laid down by the Cabinet. The adopter must be at least twenty-five years old, and be at least eighteen years older than the adoptee. The conditions regarding the minimum age of the adopter and permissible difference in age between the adopter and adoptee may be disregarded if ones own spouse's children are being adopted.
Nevertheless, also in such case the adopter must be at least twenty-one years of age. The restrictions laid down in Paragraph one of this Section may be disregarded if true parent and child relationship is established between the adopter and adoptee.
In order to detect suitability for adoption, the Orphan's and Custody Court shall carry out research of the adopter's family in conformity with the procedures laid down by the Cabinet for not more than six months. Several children may be adopted at the same time. In adoption, brothers step-brothers and sisters step-sisters shall not be separated. In the interests of the children, the separation of brothers step-brothers and sisters step-sisters is permissible if one them has an incurable disease or there are impediments, which hinder the adoption of brothers step-brothers and sisters step-sisters together.
A guardian has the right to adopt his or her ward. When adopting a ward, a guardian shall transfer a final accounting concurrently with an application for adoption to the Orphan's and Custody Court. After acceptance of the final accounting until the day when a court judgment comes into effect regarding approval of the adoption the Orphan's and Custody Court shall represent the rights and lawful interests of the adoptee in adoption issues.
A guardian shall be released from the performance of his or her duties after when a court judgment regarding approval of the adoption has come into effect. A mother may not give her consent for the adoption of her child earlier than six weeks after the birth. Parties to the adoption shall give their consent to the adoption in person to the Orphan's and Custody Court or submit it in the form of a notarial deed or with a consent certified in the Orphan's and Custody Court.
Parties to the adoption may revoke their consent to the adoption until the time when the child is given under the care of adopters. For the adoption of a child, a decision by an Orphan's and Custody Court that such an adoption in the interests of the child is required.
The Orphan's and Custody Court in taking such a decision shall ascertain the views of the adoptee if only he or she is able to formulate such, as well as shall take into account information regarding the adopter, including his or her personality, religious faith if there is such, material circumstances, household circumstances, capacity to raise a child, as well as information regarding the adoptee, including his or her personality, religious faith if there is such, health and ancestry.
Upon a request of a foreigner who has not got a permanent residence permit in Latvia or upon a request of a person living abroad a child can be adopted by a permit of the responsible minister and only then if it is not possible to ensure raising of a child in a family and due care in Latvia. A court may permit the non-registering of the adopters in the Birth Register as the parents of the adoptee, if such a request from the adopters is justified.
Information regarding the adoption until the child reaches the age of majority shall not be divulged without the consent of the adopters. The adoptee shall become a member of his or her adoptive family and the adopter shall acquire the right to implement custody. The adoptee may be granted the surname of the adopters in conformity with the provisions of Section of this Law. The adopter may request the joining of his or her own surname to the surname of the adoptee, except in cases where the adopter or the adoptee already has a double surname.
If the name of the adoptee does not conform to the nationality of the adopter or it is difficult to pronounce, the name of the adoptee is permitted to be changed or a second name added thereto, except in cases where the adoptee already has a double name. On the basis of a petition from the adopters a court may also permit the personal identity number of the adoptee to be changed.
It is prohibited to change the date of birth of the adoptee. In relation to the adopter and his or her kin, the adopted child and his or her descendants shall acquire the legal status of a child born of a marriage in regard to personal as well as property relations.
With adoption the kinship relations and related personal and property rights and duties of the child with regards to his or her parents and their kin shall be terminated. An adoption may be revoked by a court if an adoptee of age of majority has agreed with the adopter regarding the revocation of the adoption.
An adoption may be revoked in exceptional case also when such agreement does not exist, however the adoptee of age of majority proves that as a result of adoption true parent and child relationship has not established between the adopter and adoptee. When an adoption is revoked, the adoption terminates as of the day that the court judgment regarding the revocation of the adoption comes into effect.
The legal kinship relations between the adoptee, their descendants and the natural parents of the adoptee and their kin are renewed by the revocation of the adoption. If in the establishment of the adoption the adoptee has acquired the surname of the adopter or another name or if his or her personal identity number has been changed, a court if it is in the interests of the adoptee may retain the acquired surname, given name and personal identity number after the revocation of the adoption.
Until reaching age of majority Section , a child is under the custody of his or her parents. Custody is the rights and duties of parents to care for the child and his or her property and to represent the child in his or her personal and property relations. Care for a child means his or her care, supervision and the right to determine his or her place of residence.
Care of the child shall mean his or her maintenance, i. Supervision of the child means care for the safety of the child and the prevention of endangerment from third persons. By the right to determine the place of residence of the child is understood the choice of the geographic place of residence and choice of dwelling.
Care for the property of the child means care for the maintenance and utilisation of the property of the child by preserving and increasing it. If the parents are living separately, the joint custody of the parents continues. Daily custody shall be implemented by the parent with which the child is living. In respect of issues which shall significantly affect the development of the child the parents shall take a joint decision. The differences of opinion between the parents shall be resolved by an Orphan's and Custody Court unless otherwise provided for in the law.
The joint custody of the parents shall terminate upon the establishment on the basis of an agreement between the parents or a court adjudication of the separate custody of one parent. Disputes between parents regarding custody rights shall be decided taking into account the interests of the child and ascertaining the views of the child if only he or she is able to formulate such.
If the parent in whose separate custody the child is located dies, as well as if it is not possible for him or her to implement custody, the child shall pass to the custody of the other parent, unless the custody right has been removed or discontinued for him or her. Parents, commensurate to their abilities and financial state, have a duty to maintain the child.
Such duty lies upon the father and the mother until the time the child is able to provide for himself or herself. Disputes regarding the maintenance for the child shall be settled by the court. The duty to provide for the maintenance of the child shall not terminate if the child is separated from the family or does not live together with one of the parents or with both parents. If children have their own property, but that owned by their parents does not suffice to cover the expenditures necessary for the maintenance of the children, then these expenditures may be covered from the income derived from the property of the children; if such income does not suffice, then part of the property of the children may be used, but only with the permission of the Orphan's and Custody Court.
If the parents are absent or they are not able to maintain the child, this duty shall lie in equal shares upon the grandparents. If the financial state of the grandparents is unequal, a court may specify for them the maintenance duty commensurate with the financial state of each.
The minimal amount of maintenance, which is the duty of each of the parents to ensure for the child irrespective of his or her ability to maintain the child and financial state, shall be determined by the Cabinet taking into account the minimum monthly salary and the age of the child. A court shall on the basis of a petition from the plaintiff, without delay, take a decision regarding the amount the defendant shall, temporarily until the adjudication of the dispute, cover the expenditures necessary for the maintenance of the child.
The amount of temporary maintenance for the child may not be less than the minimal amount of maintenance of the child specified by the Cabinet. A child has the right to maintain personal relations and direct contact with any of the parents access rights. Each of the parents has a duty and the right to maintain personal relations and direct contact with the child. This provision shall be applicable also if the child is separated from the family or does not live together with one of the parents or both of the parents.
The parent who does not live with the child has the right to receive information regarding him or her, especially information regarding his or her development, health, educational progress, interests and domestic circumstances.
A child has the right to maintain personal relations and direct contact with brothers, sisters and grandparents, as well as with other persons with whom the child has lived with for a long time in a common household if such conforms to the interests of the child access rights. Any person shall have a duty to refrain from such activities that may negatively influence the relationship of the child with one of the parents. In case of dispute, the procedures by which access rights may be utilised shall be determined by a court, requesting an opinion from the Orphan's and Custody Court.
When determining the procedures for use of access rights, a court may specify that the child spend a certain period of time weekends, school holidays, parents leave periods and similar with such parent with whom he or she is not living with, or also their meeting time.
A court may restrict access rights insofar as this conforms to the interests of the child, moreover, if necessary, it may determine that it is allowed to meet with the child only in the presence of access person or in a specific place suggested by the Orphan's and Custody Court, or determine a duty to arrive to the Orphan's and Custody Court with a child at a specific time. If a court determines that it is allowed to meet with the child only in the presence of an access person and the parties cannot agree on the access person or the Orphan's and Custody Court does not consent to the choice of the parties as regards the access person, the access rights shall be implemented in the presence of the representative of the Orphan's and Custody Court, or a person authorised by the Orphan's and Custody Court.
A court may temporarily revoke access rights if the access is harmful to the interests of the child and the harm cannot be otherwise prevented. An access person shall be a natural person in the presence of which, if he or she agrees, the access rights are implemented. An access person may be also a legal person which ensures the presence of a specialist during the implementation of the access rights. If the child is separated from his or her family, access right may be restricted by the Orphan's and Custody Court.
While parents provide maintenance of the child, he or she shall do work in and about the home of their parents without the right to require any remuneration for this unless it has been specifically promised to them. If the children disobey or do not submit to being raised by the parents, the parents may apply for assistance to the Orphan's and Custody Court. A child may turn for help to the Orphan's and Custody Court if the parents have specified unjustified restrictions or other differences of opinion have arisen in their relations.
For the resolution of differences of opinion, if necessary, a guardian shall be appointed for the child. Parents shall jointly represent a child in his or her personal and property relations joint representation. If the parents are living separately, joint representation is possible only if both parents have agreed regarding joint custody or it is presumed that joint custody of the parents exists.
One of the parents shall solely represent a child in his or her personal and property relations if:. A parent with restriction of capacity to act shall represent the child in property relations in such amount in which the court has not restricted parent's capacity to act. Each of the parents has the right to perform legal activities, which are in the interests of the child if there exists a risk that in respect of the child adverse consequences may set in. In respect of the activities performed, he or she has a duty to, without delay, notify the other parent, except in the case where such activities have been performed by the parent who has the right to solely represent the child.
In implementing the right to determine the place of residence of their children, parents may request their children from any third person. Such parental rights may be restricted if the Orphan's and Custody Court recognises that there are factual impediments which deprive the parents of the possibility to implement custody Section The duty to maintain parents and, in cases of necessity, also grandparents, lies upon all of the children commensurately to their abilities to maintain parents or grandparents and financial state.
Disputes regarding maintenance for parents or grandparents shall be settled by a court. A child may be released from the duty to maintain parents or grandparents if it is determined that the parents or grandparents have, without good reason, avoided the fulfilment of their duties towards the child.
Grandchildren shall maintain each of the grandparents if the spouse of the latter and children cannot do so. Children may conclude various lawful transactions with their parents. While the children are minors, such transactions may be concluded only with the participation of the Orphan's and Custody Court, which shall appoint guardians for such case. The property of minor children, except for the property referred to in Section , shall be under parental administration; if one of the parents dies or is not able to administer the property for other reasons, it shall be administered by the other parent alone.
In the administration of the property of children, parents have the same rights and duties as guardians, but they are relieved from the duty of providing detailed information in accounts regarding expenditures for maintenance of the children, and shall set out only the total amount of such expenditures. If some property has devolved to a child, then the parent who has the right to administer such property shall make an inventory of the property and submit it to an Orphan's and Custody Court.
If the parents administer the property of a child not in conformity with the interests the child, an Orphan's and Custody Court may impose a duty upon the parents to provide detailed accounting also of expenditures for the maintenance of the child Section , require that the property of the child be satisfactorily secured, as well as remove them from the administration of the property of the child, and assign this to one of the parents or a guardian appointed specifically for this purpose.
If custody rights have been removed from a parent by a court judgment Section which has come into effect, a duty to maintain a child remain for him or her. As the independent property of children, which is removed from parental administration if the children have reached the age of sixteen, shall be acknowledged:.
Where children have a dispute with their parents concerning their property, they may defend their rights by court process. Parents are not liable for obligations entered into, without the consent of their parents, by minors who are in the custody of their parents, if they themselves have not gained some benefit therefrom. Similarly, parents shall also not be liable to have their property subjected to collection proceedings resulting from the wrongful acts of their children, except in the cases specifically set out in law.
Termination and Restriction of Custody Rights. Custody rights removed by a court judgment Section may be renewed by a court judgment. Upon removing the custody rights from one parent, the court shall transfer the child into the separate custody of the other parent. If custody, which could be implemented by the other parent, would not protect the child sufficiently from endangerment or custody rights are removed from both parents, the court shall assign the Orphan's and Custody Court to ensure out-of-family care for the child.
If a minor marries, the parents shall lose the right to act on behalf of their minor child and to administer the dependent property of the child Section If such a marriage is dissolved or declared annulled, the rights of the parents to administer the dependent property shall not be renewed.
Custody rights shall be terminated for a parent if the Orphan's and Custody Court finds that:. In such cases, care shall be implemented by the other parent, but, if there are impediments to this as well, the Orphan's and Custody Court shall ensure out-of-family care for the child. Custody rights shall be terminated for a parent also in cases when the parent misuses his or her rights upon failing to fulfil the court ruling in a case arising from custody or access rights, if it causes significant harm to the child and if there are no obstacles for the other parent to take care of the child.
The terminated custody rights shall be renewed for a parent when the Orphan's and Custody Court finds that the circumstances referred to in Paragraph one or three of this Section no longer apply. If within a period of one year from the termination of custody rights it is not possible to renew them, the Orphan's and Custody Court shall decide regarding bringing an action to a court for removal of custody rights, except in cases where the custody rights cannot be renewed due to circumstances beyond the control of the parent.
The Orphan's and Custody Court has the right to decide regarding bringing an action to a court for removal of custody rights before setting in of the time period laid down in Paragraph four of this Section if it is in the interests of the child. Where one of the parents is found to be an insolvent debtor, the property of the child shall be administered by the other parent or a special guardian appointed by an Orphan's and Custody Court for this purpose.
Where both parents are found to be insolvent debtors, the Orphan's and Custody Court shall appoint a special guardian for the administration of the property of the child. Where a proceeding against one or both parents for insolvency is terminated, or the trusteeship established in regard to the parent is revoked, the Orphan's and Custody Court shall decide regarding removal of a special guardian. Descent of one person by birth directly from another creates one degree.
With each new birth a new degree is created. The connection between several unbroken continuous degrees is called a line. Lines are direct or collateral. Kin in a direct line are those who have descended from each other by birth and are called either ascending or descending kin, depending on whether the calculation is from children to parents, or vice versa.
In accordance with that the line itself is divided into an ascending and a descending line. The father, mother, grandfather, grandmother, great-grandparents, etc. Slice acquisition also can be performed either in an ascending foot-to-head or descending order, with the former theoretically affected by excitation and saturation of in-flowing blood.
Although no significant differences have been reported between the two directions, the most robust approach seems to favor the use of descending sequential acquisitions Howseman et al. An important trade-off in fMRI acquisition is between temporal and spatial resolution. Since the BOLD signal changes as a function of time, optimizing the temporal resolution is critical.
Typical fMRI acquisitions with full brain coverage have repetition times TRs of 2—3 s the time it takes to acquire one volume. For task-based studies, shorter TRs are usually chosen for event-related designs than for block designs, due to the relative lack of experimental power and greater importance of time-course information.
Due to the necessity of optimizing temporal measurements, spatial resolution is usually sacrificed. One way of increasing temporal resolution while still maintaining full brain coverage is to use a parallel imaging method, such as GRAPPA Griswold et al. Thus, extra care should be taken, especially with participants prone to move a lot during scanning. On the other hand, multiplexed-EPI works by simultaneously acquiring more than one slice at a time Feinberg et al. However, the simultaneous excitation of slices causes signal leaking from one slice to the other, which increases with the number of slices acquired simultaneously i.
The combination of both techniques can also be employed, further reducing the acquisition time and with revealed increased sensitivity to detect RSNs at moderate acceleration factors Preibisch et al. Isotropic voxels are recommended in-plane resolution and slice thickness with equal dimensions because the folded cortex has no dominant orientation.
At 3 T fields, typical voxel sizes range between 2. Higher spatial resolution can be achieved at higher field strengths, but is associated with increased artifact Olman and Yacoub, A square Field of View FOV ranging between and mm, with a matrix size of 64 and slice number of 30—36, is common at 3T. The most critical parameter when optimizing an fMRI protocol with respect to timing is the interval between slice excitation and signal acquisition, known as echo time TE.
The TE for 3 T field strength is typically around 30 ms ranging from 25 to 40 ms Gorno-Tempini et al. The appropriate flip angle also is of relevance when optimizing the BOLD signal. One recommended practice is to select a flip angle equal to the Ernst angle Ernst and Anderson, for gray matter.
More recently, however, it has been shown that the use of much lower flip angles is possible, as long as physiological noise is the dominant noise source in fMRI time-series Gonzalez-Castillo et al. For field strength of 1. Some important tips include: for studies involving both resting state and task-based fMRI, it is recommended that the same acquisition protocol be used, or at least, as similar as possible, in order to most accurately integrate and compare results Ganger et al.
Such synchronization can be achieved through the use of manual configurations e. The artifacts in fMRI are usually related to the pulse sequence, gradient system hardware, acquisition strategy used as well as physiological noise. Geometric and intensity spatial distortions may result from static field inhomogeneity and appear locally either as stretched or compressed pixels along the phase-encoding axis, being worse at higher field strengths.
A number of strategies have been suggested to correct the distortions, and include the use of shimming coils Reese et al. Ghosting artifacts, which occur only in the phase-encoding direction, are triggered because odd and even lines of k-space are acquired with opposite polarity. Techniques such as implementing a multi-echo reference scan, two-dimensional phase correction or applying dual-polarity generalized autocalibrating partially parallel acquisitions GRAPPA , can reduce the magnitude of these effects Schmithorst et al.
Hardware-related artifacts such as scanner and head coil heterogeneities, spiking, chemical shifts, and radiofrequency RF interferences all can significantly impact the fMRI image quality and compromise results Bernstein et al. Although hardware-related artifacts can, at least theoretically be fixed, participant related confounds will always be present. Participant's physiological confounds such as head motion Power et al. The most common and critical artifact in fMRI is head motion.
Even though it is common to correct for subject motion during preprocessing see preprocessing section , the best approach is to prevent motion as much as possible in the first place using comfortable padding and optimized head fixation Edward et al. Performing multi-echo acquisitions can also help reduce motion artifacts Kundu et al.
Cardiac pulsation and the respiratory cycle can have an impact similar to that of head motion. Thorough understanding of the link between neural activity and the hemodynamic changes that give rise to the BOLD signal neurovascular coupling , as well as the variation in its response, should help to reduce the inter-subject variability and increase the homogeneity and statistical power of the studies D'Esposito et al. One key feature is that as the signal increases field strength, array coils , the physiological noise increases proportionally Triantafyllou et al.
While a significant problem in task-based fMRI, artifact identification and removal is even more complex with rs-fMRI. In the absence of an a priori hypothesis, it may be hard to distinguish the signal related to neural activity from the sources of noise, particularly when the artifacts are spatially or temporally correlated and may share a degree of spatial or spectral overlap with the RSNs.
Whenever artifacts cannot be corrected, it may be necessary to adopt some alternative strategies such as the exclusion of the affected subject, volume or slice, or to limit the analysis to regions without significant artifacts. Quality control and preprocessing procedures are key steps in the detection and correction of artifacts in fMRI, thus providing consistency and reliability to maps of functional activation.
A variety of automated preprocessing pipelines have been described and implemented [e. Several studies and reviews have explored the effects of preprocessing techniques on both task-based Strother, ; Churchill et al. Herein we attempt to provide a practical guide to the most commonly used methodologies. The first quality control point comes during the acquisition phase.
It is important to loop through the images using real-time display of the scanner, while it is still possible to repeat the acquisition and not lose data. Following data acquisition, it is important to verify that all images have been imported and sorted correctly, and to ensure the same acquisition protocol has been used for all study participants. At this point, inspection of the scans to screen for obvious brain lesions except for those specifically being studied as well as visible artifacts can be performed using general-purpose viewers, such as Osirix, MRIcro, RadiAnt, or ImageJ Escott and Rubinstein, ; Rosset et al.
Due to the absence of a standard file format, it is necessary to start by converting the original scanner data from DICOM format Mildenberger et al. Most of the fMRI processing packages include file converting tools, and several dedicated converters also are available [e. Upon beginning an acquisition, the scanner typically takes some seconds to completely stabilize its gradients, and the tissue being imaged requires some time to reach the necessary excitation.
To remove the influence of these factors, it is common to discard the initial volumes usually around the 10 initial seconds of the fMRI acquisitions whether for task-based or rs-fMRI. Because fMRI volumes are acquired as 2D images, one slice at a time, and even though short and fixed TRs are utilized, there is an intrinsic delay between the real and the expected slice acquisition times, which may substantially decrease the ability to discern a given effect.
The interval between the first and the last acquisition slice depends on the TR selected. Slice timing correction adjusts the time-course of voxel data in each slice to account for these differences by interpolating the information in each slice to match the timing of a reference slice first or mean TR slice Calhoun et al. The impact of using slice-time correction is described as quite variable, depending on the type of study, ranging from very important for event-related designs especially for time-course analysis , to less important for block designs, to having minimal effect on rs-fMRI.
However, it seems that it never has a negative impact on the results Henson et al. In addition to the debate about whether or not to employ slice timing correction is the issue of, if used, when such correction ought be done, as this step can interact strongly with motion correction described below. Common suggestions include: for interleaved acquisitions, it is usually performed before motion correction and for sequential acquisitions thereafter; for subjects with low head motion performed before motion correction and with high head motion after it is recommended to keep the order consistent for all the study subjects Sladky et al.
Nevertheless, the issue remains poorly addressed as slice timing and motion correction are two inextricably linked steps Bannister et al. An alternative option is to perform slice timing and motion simultaneously through 4d realignments using the Nypipe 4d realignment function Roche, or with the Seshamani data reconstruction framework Seshamani et al. Additional methods exist for slice timing adjustment, such as adding regressors as nuisance variables Henson et al. Head motion during scanning is probably the most common and critical confound for both task and rs-fMRI studies, both of which are dependent upon precise spatial correspondence between voxels and anatomical areas over time Friston et al.
The most common strategy used to perform motion correction is first to realign each volume to a reference volume mean image, first, or last volume using a rigid body transformation x, y, and z rotations and translations Jiang et al. While there is no standard rule about the motion threshold to be used, it is a rule of thumb to discard data sets with motion greater than the dimensions of a single voxel Formisano et al. Because most traditional realignment strategies take into account each volume at a single point in time, and due to the fact that residual motion-induced fluctuations still are present in the data set and decrease the reliability and statistical sensitivity of the study, a different strategy was proposed.
Most of the commonly used fMRI packages include motion correction tools, and significant differences in their performance are not evident Oakes et al. Several groups have recently demonstrated that small head motion produces spurious but structured noise, which then triggers distance-dependent changes in signal correlations Power et al.
The identified outliers are commonly regressed out later in the preprocessing pipeline but before temporal filtering from the data with a GLM where each outlier is entered as a nuisance regressor. Additional alternative motion correction strategies are available, such as the use of slice derived information Beall and Lowe, , task associated motion Artifact Detection Tool , expansion to 24—36 motion regressors Power et al.
Furthermore, the use of non-gray matter nuisance signals Behzadi et al. Performing spatial transformations to align the images from the individual's native space with those acquired from a different modality or subject [ co- registration] or into a common standard space normalization is a fundamental step of the fMRI preprocessing Brett et al.
If homologous brain regions are not properly aligned between individuals, sensitivity is lost and leads to an increase in the false negatives rate. On the other hand, systematic normalization errors between groups may trigger false positive activations. In fMRI studies there are two main standard coordinate systems which have been used in order to reduce intersubject variability and to facilitate the reporting of results in the form of standard stereotactic x,y,z coordinates.
These are the Talairach space, where the principal axis corresponds to the anterior commissure-posterior commissure AC-PC line, and which is based upon the brain of a single individual Talairach and Tournoux, , and the Montreal Neurological Institute MNI templates there are several MNI templates available, being the MNI the most commonly used , which are based on the average of T1-weighted MRI scans of a large number of subjects Mazziotta et al.
These templates normally are associated with an atlas Cabezas et al. It is important to note that the Talairach and MNI coordinates do not refer to the same brain regions or structures Laird et al. Normalization strategies rely on optimization functions which maximize the similarity between two images Jenkinson and Smith, by applying translations, rotations, and scaling in multiple axes.
Transformations are usually divided into two subtypes: linear, applied uniformly along an axis and usually represented as affine matrices, and non-linear, defined locally meaning that different points along an axis undergo unique transformations usually defined by warp or distortion maps. Several deformation algorithms are available which can be applied to MRI registrations Klein et al.
An alternative registration method is the use of surface registration techniques, in which the functional time series are mapped onto cortical surface models [e. In fMRI there are two commonly used processing streams for spatial normalization. In one, a single step strategy is used to normalize directly to a standard EPI template, while the other employs a multi-step method which first aligns to the matching structural image using rigid-body or affine transformations, following which the composite image is then registered to the reference space, using either affine or non-linear transformations Poldrack et al.
Complementary techniques for removing non-brain areas from the analysis and reducing the data size, such as skull striping or masking, may also help to improve the normalization step Tsang et al. The choice of the optimal atlas template and mapping function depends on a multitude of factors and is influenced by age, gender, hemispheric asymmetry, normalization methodology, and disease-specificity Crinion et al. Following the normalization step, it is always important to perform visual quality control, for example by displaying the fMRI data of each participant along with a reference EPI template.
Smoothing simultaneously increases the SNR and the validity of the statistical tests from random field theory by providing a better fit to expected assumptions while reducing the anatomical differences. On the other hand, smoothing reduces the effective spatial resolution, may displace activation peaks Reimold et al. The standard spatial smoothing procedure consists of convolving the fMRI signal with a Gaussian function of a specific width as, spatially, the BOLD signal is expected to follow a Gaussian distribution.
The choice of the proper size of the Gaussian kernel [Full Width at Half Maximum FWHM ], which determines the extent to which the data is smoothed, will be dependent on specific features of the study undertaken, such as type of paradigm and inference expected, as well as on the primary image resolution. The amount of smoothing always should be the minimum necessary to achieve the intended results, and a reasonable starting point is a FWHM of twice the voxel dimension care must be taken when using large smoothing kernels as they make the detection of smaller patterns of activation harder.
The typical smoothing values used range between 5 and 10 mm for group analyses Beckmann and Smith, ; Mikl et al. Alternative approaches to smoothing are the use of varying kernel widths Worsley et al. Despite its common use, care must be taken when performing smoothing due to its effects on the final results Geissler et al. This step is not recommended for connectomic approaches in order to prevent the BOLD signal from extending across different regions of interest Zuo et al.
This step is performed in order to remove the effects of confounding signals with known or expected frequencies. Functional MRI time-courses often manifest low-frequency drifts which may reduce substantially the statistical power of the results. It is therefore of great relevance to attempt to identify which frequencies are those of interest and which are noise Kruggel et al. With rs-fMRI the standard strategy is to apply a band-pass filter 0. Exploring such frequency band requires extra caution in controlling for physiological sources of noise e.
Normally associated with the filtering step, detrending methods also are used to reduce the effects of noise Tanabe et al. Complex spatio-temporal filters Kriegeskorte et al. Effective quality control is of fundamental importance in the optimization of data usability reliability and reproducibility.
The next stage in the fMRI workflow is the selection of the most suitable method to extract the relevant functional information. Thus, choosing the one most suitable for a specific study may be a complex, often confusing and time-consuming task. In the following sections we distinguish between task-based and resting-state fMRI analysis according to the prominence use of each method, nevertheless, some are suitable for both fMRI acquisitions. Other distinctions could be performed, namely between methods suitable for localization and for connectivity approaches.
The appropriateness application of each method will also be discussed below. GLM's popularity is based on its straightforward implementation, interpretability and computability. One common approach in the use of this technique is to convolve the stimulus onsets and durations with a canonical HRF, which results in quantifying an estimate of the expected BOLD signal for any condition of interest.
These estimates are then defined, along with intrinsic confounding factors e. Each voxel time-series is then set as the dependent variable. The result of this process is to generate a test statistic for each voxel in the brain, which makes possible the creation of a parametric map SPM. The process is performed separately for each subject and is commonly designated as first-level analysis.
The GLM can be used very generally, ranging from the simplest subtraction method to parametric correlations with behavior, and also serves as the reference for several methods used to estimate connectivity. The main criticism of the GLM is based upon the intrinsic assumptions which must be made related to parametric testing in general, and the GLM in particular, and which are not usually verified nor are they tested Monti, Commonly used analysis methods in functional MRI studies.
Task based connectivity analysis is being performed with increasing frequency and its results are quite sensitive to the choice of analysis tool. For it to be used appropriately, it is necessary to distinguish undirected associations between brain regions functional connectivity—FC from directed and causal relationships effective connectivity Horwitz et al.
Functional connectivity will be discussed in greater detail below, since the methods involved are more widely used for rs-fMRI, although some of the same principles apply also to task-based analysis. Some caveats when using PPI analyses are the hemodynamic deconvolution, the low power, and the difficulties intrinsic to event-related designs Gitelman et al. It starts with the definition of a set of ROIs, and then tries to determine the connection strength between those ROIs that best fit the model.
SEM allows the investigation of several brain regions simultaneously, and incorporates prior anatomical and functional knowledge to determine causal relationships, but assumes that the interactions are linear and, similar to PPI it cannot take into account the dynamic changes of the BOLD signal Tomarken and Waller, One of the primary characteristics of DCM is that it allows exploration of the brain as a dynamic system, accounting for changes in populations of neurons, and is able to build non-linear models of interacting regions Friston et al.
DCM is a reliable and potentially a more biologically realistic method for fMRI in that it deals with function at the neuronal level. It does require pre-specified models and based on its non-linearity and complexity, involves the estimation of many parameters using Bayesian estimation and thus considerably more processing time. Each region ultimately is characterized by a single parameter neuronal activity Friston et al. The process is based upon determining temporal precedence in neural time-series and infers causality from time-lagged correlation Goebel et al.
GCM does not require the specification of an a priori model, but does have significant limitations imposed by inherent latency differences in the HRF across different brain regions, low-sampling rates and noise Wen et al. It has been applied both to task-based Anderson et al. In contrast to the standard GLM approach focus on patterns of activity of individual voxels , MVPA incorporates the signal from the distributed activity or connectivity across multiple voxels simultaneously, allowing to infer mental states from patterns of distributed neural activity and the formulation of proper reverse inferences Poldrack et al.
Furthermore, enables a greater sensitivity and specificity, as well as the possibility to test hypothesis with designs that cannot be implemented in mass-univariate methods implemented with the standard GLM approach Etzel et al. Another difference between the approaches relies on the fact that while t -tests model the complete set of time points, a classification trains on a subset of data Coutanche, MVPA analyses can be applied both to task-based and rs-fMRI and, with their high sensitivity and effective use of spatial information, allow pattern detection of increasingly complex scenarios.
On the other hand, the use of complex and specific classifiers may make it difficult to generalize the results of employing this technique Dosenbach et al. The method is based on the activity in an a priori defined ROI the seed region which may be a volume or a single voxel, which is compared to that in all other voxels in the brain Lee et al.
Seed-based analyses are characterized by simple implementation and statistics and are straightforward to interpret, but do require an a priori selection of ROI. Such selection can be optimized using the data itself Golestani and Goodyear, ReHo and f ALFF both are methods which reflect properties of local spontaneous activity and, because they manifest different properties of the BOLD signal synchronization and amplitude , they are usually implemented as complementary analyses.
In order to overcome the limitations of model-based analyses, exploratory data-driven methods, which require neither prior information nor a previously defined model, have been applied to fMRI. The efficacy of PCA is strongly dependent on assumptions of linearity, orthogonality of principal components, and high SNR. It can be applied both to task-based Nomi et al. This processing technique separates individual elements into their underlying components, and models the fMRI data set as a constant number of spatially or temporally independent components, which then are linearly mixed Kiviniemi et al.
Limitations to the use of the technique in the temporal domain are its high computational demands and necessity of relying on fewer data points than studies considering spatial components Calhoun et al. ICA generates a set of spatial maps and corresponding time-courses. The selection of components of interest is not trivial in the absence of an a priori hypothesis and is usually performed by visual inspection or correlation with a predefined RSN template.
While straightforward to implement in single-subject analyses, group ICA analyses are more complex and require choosing between several different workflows and algorithm definitions Beckmann and Smith, ; Calhoun et al. Similarly to PCA and ICA, clustering is a totally data-driven approach that enables, for example, the grouping of brain voxels with similar connectivity in the same cluster. The main difference relies on the fact that ICA assumes that there are spatially independent regions that form a network through a shared fMRI time-course, while clustering does not rely on assumptions and simply groups voxels with similar time-courses.
Clustering methods have been successfully implemented both with rs-fMRI Mezer et al. The major challenges associated are the requirements that the spatial reproducibility of networks be optimized across subjects and that individual network homogeneity be maximized Shams et al. Clustering can be implemented using hierarchical techniques Cordes et al.
An increasingly prominent and powerful tool for the study of functional brain networks is graph theory. These methods model the brain as a network comprised of nodes voxels or regions and edges connections between nodes, e. This enables the establishment of functional interactions between every possible brain region, constituting an extension of the seed-based analysis where all possible seeds are explored, also known as the functional connectome.
Properties such as clustering-coefficient, characteristic path length, centrality, efficiency, modularity, among others, provide insights about functional integration, segregation, resilience or organization of the network as whole or of its individual nodes Reijneveld et al. The approach has been used extensively with rs-fMRI Wang et al. Another approach, which is somewhat more straightforward to implement, is to characterize the edges of the graph, rather than to consider the topological properties of the entire network.
Dynamic FC analysis has the potential to clarify the constant changes in patterns of neural activity and may be a more appropriate choice for the analysis of rs-fMRI studies Bassett et al. The technique can be implemented using the sliding window correlations approach most common Hindriks et al.
A number of limitations associated with the approach include the initial steps of sliding-window specification and specificity of pre-processing, as well as its sensitivity to physiological noise and complexity of the attendant statistical analysis Hutchison et al. In order to make inferences at the group-level i. In general terms, the GLM approach models the time series of the fMRI signal as a linear combination of different signal components, in order to test whether the activity in a defined brain region is systematically associated with a particular condition of interest Lindquist, The GLM is expressed as:.
Commonly, the research question leads to more complex experimental designs which involve both within-subjects e. B and between-subjects e. More than one within-subjects factor or the analysis of between-subjects factors, cannot be performed with the traditional tools in a single model. Even though most allow the parametrization of such models, the results can be invalid due to the inherent inability of the tools to incorporate all the factors into a single model Chen et al. The tool can handle multiple within- and between-subjects' factors, while also modeling all the possible interactions between factors within the same model.
Parametric tests are popular due to their simplicity and ease of application. However, these tests make some strong assumptions that are minimally met, or not met at all, in fMRI data sets e. As a result, it is often more appropriate to use non-parametric tests. Such tests estimate the null distribution from the data itself. The most common non-parametric tests used in fMRI analysis are permutation randomization tests. Tools that implement such tests include randomize from FSL Winkler et al.
As in all standard statistical inference, the evaluation of fMRI data requires the establishment of a criterion for statistical significance. In early fMRI studies, the commonly-used standard for statistical significance was an uncorrected p -value of 0. In a typical fMRI experiment, more than , statistical tests may be performed one test per voxel.
Such a false-positive rate would clearly be unacceptable, so a variety of methods have been proposed to cope with the multiple comparisons issue. They can be divided into two main categories: voxel-based thresholding, including the family-wise error rate FWER and the false-discovery rate FDR ; and cluster-extent based thresholding Forman et al.
The technique is implemented by estimating the smoothness of the image, expressed in the number of resels image resolution element , since the neighboring voxels share statistical dependency. Although it can be thought of as roughly similar to the Bonferroni correction, FWER control using the RFT approach has a number of unique attributes and limitations due to the inherent smoothness of fMRI data. While enabling a great control over type I error, it often is over-conservative and may prevent true results from being detected Hayasaka and Nichols, The FDR approach, another popular technique to control false-positives in neuroimaging studies Genovese et al.
Because this approach is applied to p -values rather than to the test statistics themselves it can be used with any valid statistical test, but is highly dependent on the sample size. The most widely used FDR approach to functional imaging data is the Benjamini-Hochberg BH procedure, which assumes independence between tests Benjamini and Hochberg, Statistical tests in fMRI are known to be dependent, however, so concern has been raised regarding its applicability Chumbley and Friston, ; Chumbley et al.
A significant problem associated with conservative approaches is the increased probability of committing type II errors failure to detect true effects , particularly evident with small samples Nichols and Hayasaka, It has also been postulated that this approach may favor the extraction of more obvious effects such as sensorimotor processes , associated with signals of large magnitude. While failing to capture more subtle phenomena such as complex cognitive and affective processes often associated with signals of low amplitude Lieberman and Cunningham, , cluster-extent based thresholding has been put forward in order to address some of these shortcomings.
It detects significant clusters based on the number of contiguous voxels that surpass a pre-determined primary threshold Friston et al. The main rationale for its use is that adjacent voxels are more likely to be involved in the same neuronal processes and thus are not independent Smith and Nichols, The net result is that instead of estimating the false positive probability of each voxel, this approach estimates the false positive probability of the region as a whole Woo et al.
The cluster size is determined from the sampling distribution of the largest null cluster size under the null hypothesis of no signal. The reasoning behind this correction is based on the observation that false-positives are randomly distributed and thus are not likely to occur in contiguous groups of voxels Woo et al. Cluster-extent approaches also are associated with reduced spatial specificity, describing the likelihood of finding a cluster of a given size or greater under the null hypothesis.
The implication is that the larger the cluster, the less spatially specific the inference, though this is often an overlooked aspect of functional imaging Woo et al. All these methods require the definition of an arbitrary primary cluster-defining threshold. Analyses of this type are usually performed when the researcher has some a priori hypothesis regarding a specific brain region, which renders the previously discussed corrections for multiple comparisons too restrictive see Poldrack, for other rationales.
Generally, ROI analyses lead to an increased sensitivity signal is average across groups of voxels but a false sense of specificity of a given activation activity patterns in regions outside the ROIs are masked out. The simplest approach consists of averaging the estimates over the voxels from the ROI and then performing the statistical testing with the averaged estimate.
An alternative method, commonly named Small-Volume Correction SVC , consists of restricting the voxel-wise analysis to the voxels inside the ROI, thus reducing the number of tests required to account for multiple comparisons corrections. Contrary to the standard practice in other research areas, effect estimates i. A recent publication highlighted that the statistic value does not provide information regarding the actual significance of the findings, serving rather as auxiliary evidence for the existence of the targeted effect.
On the contrary, the effect estimate provides a clear picture of the property of interest and, consequently should be the focus of the investigation. For this reason, the absence or misreporting of effect-sizes has direct implication on the reliability and interpretability of fMRI findings Chen et al. The number of fMRI publications continues to grow exponentially, but the results are often not consistent across studies Radua and Mataix-Cols, Therefore, the meta-analysis of functional imaging studies may be essential for the continued development of new hypothesis about the neural mechanisms of cognition, emotion, and social processes Wager et al.
Individual studies generally provide evidence about brain activity rather than mental states, weather meta-analyses can help to identify consistently activated regions related to the same psychological state Wager et al. Neuroimaging meta-analysis pools statistically significant results and offers the potential to improve predictive power, to build analytic tools and models, and to detect emergent properties of neural systems through large-scale data mining and computational modeling Fox P.
The methods work by counting the number of activation peaks in each local brain area and comparing the observed number of peaks to a null-hypothesis distribution in order to establish a criterion for significance. Functional MRI meta-analysis can be performed using either full statistical parametric maps—image-based meta-analysis IBMA —or the coordinates of significant findings—coordinate-based meta-analysis CBMA. Whereas, IBMA captures consistent patterns of brain activation across studies, even though these patterns are not identified as significant in individual studies, neuroimaging studies rarely provide full statistical parametric maps, which preclude these analyses.
Thus, the majority of analysis aggregating neuroimaging results relies on CBMA, in which each eligible study included, reports using standard atlas or template based, 3-dimensional locations of peak activations. As a result, CBMA only aggregate results that are reported as significant across studies, and fail to capture individually non-significant, but consistent findings across different studies.
A number of different modalities and techniques have been used to complement fMRI analysis, either simultaneously or separated in time, and have been reviewed elsewhere Biessmann et al. One particularly powerful approach to better understanding the brain is to model it as a network of functional connections between every possible region. The connectomic paradigm provides the investigator with an effective framework with which to study how dynamic changes in function are related to structural change, and how both are connected with brain states.
Several extensive studies and worldwide projects [e. Another approach employing complementary methodology is the combination of fMRI with the recording of brain electrical activity electrophysiological response using either electroencephalography EEG or magnetoencephalography MEG Bledowski et al. Both techniques add improved temporal resolution to the very good spatial resolution of fMRI Huster et al. Positron emission tomography PET and single-photon emission computerized tomography SPECT both have a long history of providing fundamental information regarding brain metabolism.
Though lacking the time resolution of fMRI, they complement that methodology by having the ability to study such parameters as neurotransmitter-receptor interactions and local glucose metabolism for longer periods in time minutes Price, ; Sander et al. It is possible to perform fMRI and functional near-infrared spectroscopy fNIRS simultaneously, and such a multimodal approach may be used to improve the temporal resolution of the former, thus allowing better correlation of the BOLD signal with local hemodynamic changes Steinbrink et al.
Inducing small direct currents in the brain using transcranial magnetic stimulation TMS or transcranial direct current stimulation tDCS , make possible relatively focal excitation or inhibition and, when performed concurrently with fMRI, allows the study of functional interactions Ruff et al.
The rapid growth of multimodal neuroimaging techniques has triggered the parallel development of computing methods and workflows capable of analyzing the resultant complex data sets for review Liu et al. While the primary focus of this guide has been that of human neuroimaging, it is useful to note that many of the concepts and strategies described also can be applied to animal experimentation. The availability of ultra-high field scanners, capable of achieving very high resolution, has made feasible the application of fMRI to brains as small as that of a mouse Jonckers et al.
Other animals studied using this technique are rats Liang et al. Translational research opportunities allow the investigator to develop animal models for studies which cannot be undertaken in patients or volunteers. A number of technical issues which must be considered when designing protocols for animal work are: the impact of higher magnetic fields and the ability to detect functional contrasts Ciobanu et al.
The correct interpretation of fMRI results is never straightforward and is dependent upon factors which range widely from the technical and methodological to the conceptual and statistical issues. Because there is such great variation in the manner with which studies are performed Lange et al.
Comprehensive guidelines for reporting an fMRI study Poldrack et al. Effective communication of the results of fMRI investigations requires that the information has been organized and described in a clear and straightforward manner, using an unambiguous ontology formal description of all terms and syntax Burns and Turner, ; Poldrack and Yarkoni, and format Gorgolewski et al. The BOLD signal itself has a number of characteristics which present challenges to the accurate interpretation of fMRI data acquired with its use Aguirre et al.
BOLD responses are known to vary with different acquisition parameters Renvall et al. In addition, the nature of the BOLD signal has been shown to be affected by a variety of chemical compounds e. The fundamental challenge of fMRI research is to draw conclusions which are completely supported by the data and which are unbiased.
The literature contains numerous examples wherein foci of static regional activation are interpreted as associated with specific cognitive functions. This assumption fails to take into account either brain compensatory mechanisms Sack et al.
It is now generally accepted that a more complete description of brain function must include not only the notion of causality but also recognize the relationship between interconnected regions network properties through the characterization both of functional specialization specific roles played by the different regions and integration how the regions interact with one another Van Horn and Poldrack, For all these reasons, drawing significant conclusions about mental states from fMRI data is challenging at best and the use of classification and predictive models such as machine learning algorithms have increasingly been tasked for this purpose Pereira et al.
As stated often throughout this guide, the statistical analysis of fMRI data is a complex process and great caution must be exercised when interpreting the experimental results. Questions have been raised, for example, about whether certain studies have reported findings able to be supported by the methodology used and the data obtained. Some studies purport to find extremely high degrees of correlation between individual behavioral characteristics including personality, emotion, and social cognition and specific regions of increased brain activity Vul et al.
Critics have pointed out that, considering the degree of methodological imprecision both of fMRI and in the measurement of individual characteristics, that the reported results may not be robust Vul et al. Another issue is that of circular analysis, unfortunately seen with some frequency in functional studies. The issue arises when the data first are analyzed, subsets of those data selected, and then the same subsets are re-analyzed to obtain the results Kriegeskorte et al.
An fMRI example might be to define a ROI on the very basis of a statistical mapping which highlights the voxels of which it is composed in response to a functional activation state Kriegeskorte et al. It violates the criterion that the test statistics must be inherently independent of the selection criteria under the null hypothesis. Functional MRI currently is enjoying popularity in the study of brain function and promises to become even more prominent in the future.
A number of factors contributing to the optimism about the expanding role of fMRI in neuroscience include: greater understanding of the BOLD and other contrast mechanisms; higher resolution and increased sensitivity; the use of new, more optimized preprocessing and analytic techniques; more powerful computational models; and extensive data sharing, enabling the design of studies comprised of large numbers of participants.
Strategically, functional neuroimaging appears to be moving from the description and characterization of brain states toward predictive models of function based on the whole brain network. It is hoped that such models will incorporate behavioral features, genetic factors and biomarkers and will evolve to play an increasingly prominent clinical role in diagnosis, monitoring, and treatment of central nervous system disorders. In order to contribute to future progress, this article has sought to highlight the typical challenges faced when performing fMRI studies, and to offer some practical strategies with which they may be overcome.
We have provided guidelines and references for the tools most commonly used at each step of the principal fMRI pipeline. As a concluding remark, we outline a set of general recommendations that we consider to be of upmost relevance for a better transparency and reproducibility of neuroimaging studies: before the study, perform a suitable experimental planning, including a proper design, power analysis e.
It is our hope that this guide will be of assistance both to those beginning to explore the potential of functional imaging as well as those who might appreciate a source book of current practice. EG contributed in writing. The reviewer BB and handling Editor declared their shared affiliation, and the handling Editor states that the process nevertheless met the standards of a fair and objective review.
The other authors declare that the research was conducted in the absence of any commercial or financial relationships that could be construed as a potential conflict of interest. Journal List Front Neurosci v. Front Neurosci. Published online Nov Pedro S. Author information Article notes Copyright and License information Disclaimer.
Soares tp. This article was submitted to Brain Imaging Methods, a section of the journal Frontiers in Neuroscience. Received Jul 14; Accepted Oct The use, distribution or reproduction in other forums is permitted, provided the original author s or licensor are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms. This article has been cited by other articles in PMC.
Abstract Functional Magnetic Resonance Imaging fMRI studies have become increasingly popular both with clinicians and researchers as they are capable of providing unique insights into brain functions. Keywords: fMRI, hitchhiker's guide, acquisition, preprocessing, analysis.
Open in a separate window. Figure 1. Table 1 Software tools used for fMRI pipelines present in published studies. Application fields The use of the technique of fMRI has led to significant expansion of understanding in multiple areas of cognitive neuroscience Cabeza, ; Raichle, ; Poldrack, , Experimental design The number of variables such as the specific nature of the research question, availability of imaging instruments, demand of data handling, and cost associated with each study makes it essential to optimize BOLD signal acquisition time and statistical efficiency of the analysis.
Resting state Characterization of the resting state is the most straightforward experimental design in fMRI. Task-based When employing task-based fMRI studies, the way in which the stimuli are presented as a function of time is of upmost importance. Table 2 Most common software tools used to program and present fMRI stimuli. Data acquisition techniques and artifacts Performing effective fMRI studies requires a thorough understanding of specific MRI acquisition techniques and artifacts, and how to deal with them Figures 1F,G.
Data acquisition techniques In order to minimize artifact, and to obtain the most reliable data it is critically important to optimize the acquisition phase. Quality control and preprocessing Quality control and preprocessing procedures are key steps in the detection and correction of artifacts in fMRI, thus providing consistency and reliability to maps of functional activation.
Acquisition quality control and data conversion The first quality control point comes during the acquisition phase. Initial stabilization, slice-timing, and motion correction Upon beginning an acquisition, the scanner typically takes some seconds to completely stabilize its gradients, and the tissue being imaged requires some time to reach the necessary excitation.
Spatial transformations Performing spatial transformations to align the images from the individual's native space with those acquired from a different modality or subject [ co- registration] or into a common standard space normalization is a fundamental step of the fMRI preprocessing Brett et al. Analysis methods The next stage in the fMRI workflow is the selection of the most suitable method to extract the relevant functional information.
Figure 2. Group-level analyses In order to make inferences at the group-level i. Statistical significance As in all standard statistical inference, the evaluation of fMRI data requires the establishment of a criterion for statistical significance. Effect sizes Contrary to the standard practice in other research areas, effect estimates i. Meta-analysis The number of fMRI publications continues to grow exponentially, but the results are often not consistent across studies Radua and Mataix-Cols, Conclusions and future directions Functional MRI currently is enjoying popularity in the study of brain function and promises to become even more prominent in the future.
Conflict of interest statement The reviewer BB and handling Editor declared their shared affiliation, and the handling Editor states that the process nevertheless met the standards of a fair and objective review. References Abdi H. Principal component analysis. Wiley Interdiscip. The variability of human, BOLD hemodynamic responses.
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Asked by:. Archived Forums. Windows 7 Miscellaneous. Use this forum to discuss miscellaneous issues that cannot be covered in any other Windows 7 forum. Sign in to vote. Event ID and Error Code ErrorDescription Logon failure: unknown user name or bad password. Friday, January 28, PM. Hi, Please make sure the user have the appropriate permission to the path specified in the event. Then refer to the following link.
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This error code usually indicates that the user or computer does not have the appropriate permissions to access the path specified in the event. On the domain controller: Ensure the the user and computer have appropriate permission to read the path specified in the event.
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Group Policy is working correctly if the last Group Policy event to appear in the System event log has one of the following event IDs:. Group Policy Preprocessing Networking. Group Policy Infrastructure. Office Office Exchange Server. Not an IT pro?
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